Legal Question in Family Law in Florida
I divorced in separated from my former wife in 2004 and divorced in 2008. I have two children, now ages 19 and 16. My former wife and I agreed me paying child support, which stared in 2004 and I fulfilled up to my older daughter graduating high school. I then cut the child support in half (my former wife did not agree with this) in order to help pay for her tuition to college. However, I have continued to pay for her (my older daughter's health insurance.) Now my former wife wants to take me to court to make me pay even more than I was paying because she is now making less money than I am. There were a few years that she made twice as much as I did (she is self employed) I always kept paying the agreed amount and never asked her for money or to cut down on the support I was paying until our oldest graduated from high school. Our divorce papers have no agreement in it all. Should I be concerned with this?
4 Answers from Attorneys
Of course you should be concerned. You should have asked the court to reduce your child support when your daughter graduated from high school. Your payments for your older daughter are gifts. It doesn't matter whether your wife earned more in the past. The court is concerned with the here and now. You might want to get the jump On her by asking for a modification of child support. The results won't be different, but at least you will be driving the train. This can be tricky, invest in an attorney to help you.
Why is your wife making less income? Did she voluntarily give up a position? If so, you may have some standing in the court as to the amount you will be having to pay for your younger daughter.
Yes you should be concerned. Have a lawyer review your documents.
Be afraid, be very afraid. Your resolution may depend on the personality/legal philosophy of your Judge. For a case this old they may say laches applies and take no action; or they say they can do whatever they desire concerning child support, including back due payments. See a local attorney immediately.
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