Legal Question in Family Law in Florida
My Ex-husband's income has changed since we divorced three years ago and I still make the same with no increase income. I make $41,000 a year and he makes $52,000 a year. When we divorced he was only make about $37,000.
My childcare cost have increased also because he only takes our one son for 10 hours every other weekend..so about 20 hours a month with NO overnights. I work a lot of weekends because I am an event planner and a lot of night time work. My mom has stepped up and takes care of my son some weekends for the entire weekend so I can work. I want to start giving my mom money (about $15 an hour) for taking care of my son while I work, she even has to watch him overnight because he does not take overnight visitation which could affect my employment if I do not work. I want to Modify my child support because he makes more and he is not taking visitation which causes me to incur more child care costs.
On a side note..my son is his first child, since we divorced he had two more kids by a girlfriend and he is going through the courts cause he will be giving her child support soon. Should I modify right away? He only has one child support order right now and that is for my son who is 7 years old.
We are in Florida and it has not been modified since May 2008 when we divorced.
1 Answer from Attorneys
Part of the child support equation involves "ability to pay"...and that may become an issue if you are not able to modify prior to the court ordering that he pay child support to his girlfriend with the 2 children.
Outside of that fact, if he truly is making substantially more income now than he was at the time of the court order and he is not spending any over nights with the children (which I assume is not according to the original plan) you may certainly benefit from a modification.
More information is needed to guide you more appropriately. I suggest you contact an attorney in your area (the one listed below may be a good idea, LOL).
This is NOT LEGAL ADVICE. It is intended for informational purposes only and should not be relied on to make any legal or medical or other major decisions. If you have any specific questions or inquiries regarding any of this information, you should consult with an attorney licensed in your state.
Cary Levinson, Esq.
Levinson & Capuano, LLC
(954) 703-2110
http://BrowardLegal.com
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