Legal Question in Family Law in Florida
modification of child support appearance
My ex-wife has filed a petition to modify child support. She is not seeking a certain amount but is trying to find out if there has been a significant change. Do I have to travel from Michigan to Florida to appear each time she does this or will the court assess our financial affidavits and other factors and simply go by the Florida Child Support Guidelines to determine the new amount? It would seem that my presence wouldn't be required to reconsider my obligation. Also, is mediation a requirement when simply remodifying child support?
1 Answer from Attorneys
Re: modification of child support appearance
If you are represented by counsel you will not have to make every appearance in Court. Mediation is usually required but if you are out of state you can request that your counsel attend and that you be available by telephone. The other party can object to this and you may need a Court order.
The Florida Courts usually go by the Florida Child Support Guidelines but I would suggest you be there when the amount is determined or you have someone there on your behalf. It is much easier to negotiate then to try to undo something that might not be in your favor.
If you have any further facts or questions, please feel free to e-mail the information, your telephone number and a best time of day to call.
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