Legal Question in Family Law in Florida
I have a divorce decree that requires my ex husband to pay $600 per month in child support. (Florida) This was based on him making $17 an hour and I was making $7. Fast forward to 2014 and he is making $25 after being demoted from making $28 an hour. I currently make $15.00 and have primary residential custody but he has her for about 30% of the time for overnights. He is now asking for a reduction in child support to $300 because of his demotion. I explained to him that I never requested an increase, nor did he in the last 8 years when his pay increased. He has assets such as a house and 3 cars. For 5 years, I paid between 5000-7000 a year in child care. That reduced to $600 a year for two years, and now I pay a bout $1200 a year.
Is his request likely to be granted? I don't think so but I would appreciate an opinion.
3 Answers from Attorneys
You probably have already squandered a whole lot of money by not moving for an upward modification. You need to do so asap, as there is no retroactive application.
For the reasons you stated, his downward modification should probably be denied.
In Florida, with family law cases, depending on the parties' comparative financial resources, the Courts have the discretion to hold one party responsible for all, or part, of the other's attorney fees and costs. In other words, if the other party has significantly stronger financial resources, while you will still have to pay the retainer, do not assume that you will not be able to afford to retain an attorney. Reimbursement can be sought.
You should retain an attorney asap.
I agree with Mr. Goldstein. You may also use one of the Florida Child Support calculators to get an idea of what money you are potentially looking at. You might be able to do this on your own (without an attorney) but most courts put those cases on the back of the line. You can only get an arrearage from the date you file a Petition to Modify CS, If you want this resolved you really need an attorney.
Most likely his petition will be denied. You should file your own papers asking for an increase in child support. Contact my office for free consultation 727-446-7659
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