Legal Question in Family Law in Florida
After the Fact
I couldn't afford an attorney to get support reduced when my son came
to live w/me several years ago. If I tried to modify Pro Se, the mother would invariably demand the boy come back to her and if he refused, she would file an Emergency Child P/U Order and have the sheriff involved. As soon as the Modification was dropped, she let him come back.
Son was emancipated last year and support ceased accumulating. But
when I tried to have the arrears reduced due to my son's actual
physical residence, it was denied. Opposing attorney cited that the
original support amount was an Order of the Court and if I had wanted to have it reduced, I should have taken it back to court to change the order years ago. As it stands, the amount and frequency were an Order in effect. Judge didn't argue. I had no attorney.
Can I take this back to court for a retroactive modification with my
previous wealth of evidence?
If so, is it likely that it will get modified.
I never got the bi-annual CSE review I was promised by the U.S. Code and FL Statutes. Based on that alone, the amount would have been reduced had it been recognized long ago when I first requested it. I can prove that.
Thank you for your time and effort.
1 Answer from Attorneys
Re: After the Fact
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.
It is extremely difficult to modify a child support order after the fact. It should have been done during the appropriate time while the child was living with you. Frankly, this is a case of being pennywise and pound foolish. A good attorney could have stopped the mother and her attorney from playing games with your head. By saving money on an attorney then, you will probably have to pay now.
Scott R. Jay, Esq.
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