Legal Question in Family Law in Florida
My ex filed a Supplemental Petition for Modification of Child Support back in October of 2008. I then filed a Counter Petition for Modification of Visitation and Child Support. After her attorney declined mediation after several requests, now they are agreeing to mediation. I feel like her attorney is dragging his feet because I make half the amount of money than I used to. I feel that now that my ex brought this up, she should receive whatever the child support calculations say she should. However, would the courts make this retroactive? I know the courts would not ask her to reimburse me, but maybe consider that I am actually ahead on child support? I feel that her attorney is dragging this on because I keep paying the previous amount. Can my attorney file a motion to expedite this process?
1 Answer from Attorneys
Expedite the mediation process or the process of having your child support lowered?
When we file (or respond to) a divorce, we immediately file a motion for a court order commanding an immediate mediation. It's never denied, and we don't give the other side time to delay or decline. A long, long time ago, I didn't used to do that, but we live and learn. (I get a big kick out of watching the other side file "motion to strike mediation date," "motion to strike request for trial," etc. There's nothing better than watching a judge ask opposing counsel, "And just why do you need to drag this case out?") Also, your attorney should file a motion to modify your temporary child support to come in line with current guidelines. You probably won't get credit for the overpayment, though.
But there's no such thing as a "motion to expedite divorce." You just have to keep the other side moving and never let it get away from you. Good lawyers know how to do that.
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