Legal Question in Family Law in Florida
Initial case is Hillsborough County, Florida. Child turned 18 in September 2009. He graduates high school in June 2010.MSA specifically states that the support will in the month of the 18th birthday and mentions nothing of high school graduation. The divorce was uncontested and we both agreed and signed the MSA. The DOR is no longer collecting child support and has closed the case. Ex-husband as has filed supplemental petition through the DOR to re-open and re-establish support until June 2010. This was filed after the case was closed. I filed a response and counterpetition. There was no counter-response. I have filed motion for default? What will be the next step with a default in this type of case? Also can I file to dimiss if ex-husband who filed supplemental petition does not submit financial affidavit within the 45 day timeframe?
2 Answers from Attorneys
You are not entitled to a default. He is not required to respond to the motion. The law changed and extended support to high school graduation, so the court will probably modify your MSA.
You are not permitted to terminate support by MSA earlier than graduation, so support will continue until June, 2010. If the financial affidavit is not filed on time, you are permitted to file a motion to compel.
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