Legal Question in Family Law in Florida

child support modification

Can my ex have his child support lowered if he chose to quit his job? He once had a temporary order lowering it for six months stating he could no longer do that job due to health conditions. One week later he returned to the same job and company. After six month, he only payed the temporary amount of support for three years. Needless to say the state has found him arrears. Now he is trying to get the support dropped again stating financal hardship and health conditions even though he is working in the same profession. In addition, after filing a financial aff., the state has found a downward modification is warranted. Can his support be lowered even though he chose to quit his jobs and take lowere paying jobs?


Asked on 11/05/08, 1:09 pm

1 Answer from Attorneys
Brent Rose The Orsini & Rose Law Firm

Re: child support modification

You can have child support lowered if you quit, but you cannot have child support lowered if "voluntarily underemploy" yourself. "Voluntary underemployment" is quitting a job or taking a lower-paying job in order to avoid or lower child support.

It sounds like he may be doing just that. You may want to use a private lawyer rather than going through DOR.

Read more
Answered on 11/05/08, 10:31 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Florida