Legal Question in Family Law in Florida
During my divorce proceeding Judge ruled on amt of child support to be paid. Soon after I lost my job and regained employment about 5 months later. I was making a lot less than my old job which the child support was based on. Instead of using my new salary to figure back child support, the judge based it own my previous income when I was making a lot more. Now I need a passport for my job and can't get one until the back support is paid in full which is 15,000$. One hundred dollars of my support now goes toward the back support but there's no way I can pay it off all at once. I'm in logistics and need to travel out of the country ..... So what i want to know is that my ex wife agreed that the back support was ruled on unfairly and she will go and sign a motorized statement that she wants to drop it.... But rt now can't afford attorney and the court is no help on which forms I need to fill out so it can be submitted. I was told there is not a specific form for this request so do you any suggestion on what kinda form I need or what avenues we need to persue to solve this problem. Thanks for listening, look forward to your response.... Scott
2 Answers from Attorneys
If you cannot pay the arrears in full then you have to get an order from the judge that will allow you to get a passport. Use of a lawyer is recommended.
I think you are caught in one of the Obama changes. Say Thank You to Barack. The Wife cannot waive child support but may stipulate that no arrearage is due and may stipulate to a downward modification. If she signs a stipulation you still need Judge approval.
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