Legal Question in Family Law in Florida

My ex filed a case with Florida Child Support enforcement. When she filed she didn't not tell them we had 50/50 custody. I have the children 4 nights she has them three. I have been fighting with child support to get it reevaluated for 5 months. They just denied my appeal and I am not sure why. I did everything I was told. Can I file a request to evaluate child support through our divorce instead? Would that supercede the order for support with CSE? I have been told that it would. I have already waited 90 days for CSE and I will have to wait another 90. They are currently taking half my paycheck. I do not have a problem paying child support but the amount should be adjusted to reflect the number of days I have them. I am currently paying over 1000.00 per month for 2 children that I have more than she does. I am just looking for a quicker way to have it reevaluated. I believe I can file a motion for Temporary Relief. I just want it confirmed from an attorney. Thank you!


Asked on 12/30/13, 11:10 am

2 Answers from Attorneys
John Smitten Carey and Leisure

You have to go over their head and go before the judge and appeal the existing order. Contact my office for free consultation 727-446-7659

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Answered on 12/30/13, 11:14 am
Robert McCall Law Office of Robert McCall

Welcome to the enlightened world of Florida Child Support Enforcement. You will probably have to file a Petition to Modify with your DOM Judge. CSE feels itself above the law and may or may not consider a reduction based upon the facts presented. They usually do everything possible to give the Mother the maximum amount of money for the greatest length of time; they have even refused to recognize an Order from the DOM Judge directed to a reduction in Child Support. Best of lick.

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Answered on 12/30/13, 11:53 am


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