Legal Question in Family Law in Florida
modification of child support
I have two daughters from a previous marriage one just turned 18 and the other one is only 15 years old. my divorce decree states the amount of child support to be paid biweekly for ''both children'' and not for each child. I was told by the child support office that I need to submit a modification of the court order in order to stop the child support for my oldest daughter who turned 18 on 12/2001. I am now married and have a daughter with my new wife. my wife does not work as she is on disability. Do I need to get an attorney to help me get the child support modified or can I do it on my own? also, what are the odds of getting this modification accomplished?
1 Answer from Attorneys
Re: modification of child support
Using forms available at the Clerk's office, you should, by applying reasonable effort, be able to modify the divorce judgment so that support continues only for one child after the other child reaches 18. It is unfortunate that any modification has to be done, since generally, such orders are interpreted to mean that support ceases when a child reaches 18 unless otherwise provided in the order. But if the Support Division advised you that a modification is needed, you probably should either do it yourself or hire an attorney. If the mother would cooperate in the process and file a statement that she agrees with the modification, it could be processed much more quickly.