Legal Question in Family Law in Florida

Re: Child Support

If you did this pro se you would get the form from the Law Library or the Clerk's Office, Family Law Division. You are looking to file a Petition/Motion to Modify. Remember the standard is a substantial change in circumstances since the divorce.

May want to get an attorney involved in handling this one.

Re: Child Support

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

All of the standard Supreme Court approved family law forms can be found online at:

http://www.flcourts.org/gen_public/family/forms_rules/index.shtml

You would probably have a better chance of success if you hired an attorney to represent you in this matter rather than attempt to do it alone.

Scott R. Jay, Esq.

Re: Child Support

I read the responses provided by two attys. They are accurate. I would add the following: While you normally need to show a "substantial change in circumstances" to get a modification of provisions of the Final Jdgmt., here, you may be able to get a modification just because the law holds if you have the child more than 40% of the month, you SHALL use a different calculation to determine your support. If you get on-line and check Fla. Statutes...check sec. 61.30...I forget the exact paragraph, but its around 11 or so. I researched this and appellate courts have ruled the parent that has child more than 40% SHALL use that stat. Further, any agreement to the contrary is void and unenforceable.

Thus you should prevail. You still have to file a Supplemental Petition to Modify the FJ as your vehicle to get into court. If the other party tries to file a Motion to modify your visitation, you can argue there has not been a substantial change in circumstances and that party is simply doing that for money...in response to your Petition to modify support. 'Hope this helps. Tom Rosenblum. Jacksonville, Fla.