Legal Question in Family Law in Florida
Not going by Court Orders
My ex is court ordered to pay child support on the first of each month and help with medical bills. He did not pay for 2 bills and has been paying late. Also says that he wants to lower his payment amount. If he takes me back to court to lower the payment does it go by last years tax record or by what he is currently making? And not doing what is court ordered with his payments, what will happen if I present that to the judge?
2 Answers from Attorneys
Re: Not going by Court Orders
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.
The calculations will generally go by his current income unless he has voluntarily lowered it in order to get a reduced child support ordered. If so, the court will impute his income based on his history.
You will be entitled to present testimony on your ex's failure to pay his current obligation. Depending on the testimony, the Court may get quite upset or accept his explanation but will usually order him to pay arrearages.
Scott R. Jay, Esq.
Re: Not going by Court Orders
If you had a lawyer get him back involved. If he is in arrears then the Court will order him to make that up. I would take the medical bills with you to get the Court to enforce what it already had ordered. Might want to get an income deduction order in place at his work so you get the support in a timely fashion. Better to have your attorney look at it.