Legal Question in Family Law in Florida

FL Child Support Modification

I have filed, through my attorney, for a modification of child support based on the fact that 2 of my 3 children are over the age of 18 and graduated from high school. My ex was served a summons and given 20 days to respond. I recieved a message that she did not respond (today was the deadline) and she called my attorney and asked for a 20 day extension and my attorney told her ''NO''. I will not be able to contact my attorney until Monday and it is driving me crazy. What does that mean? Will modification be only what guidelines state and will that keep me from having to go to mediation?


Asked on 10/14/08, 6:43 pm

1 Answer from Attorneys
Brent Rose The Orsini & Rose Law Firm

Re: FL Child Support Modification

If the answer is filed late, you may be entitled to a default (meaning you win automaticacally). I say "may" because judges are pretty lenient about allowing people to file answers late, especially when they've called the other side to ask.

If the default sticks, you will be probably be entitled to skip mediation and have the judge enter an order according to the guidelines for support based on only one child.

I presume your lawyer has already told you to make payments based on one child, anyway, so a default is not that important to you.

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Answered on 10/14/08, 10:47 pm


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