Legal Question in Family Law in Florida
Patternity settlement agreement- subject to modification?
I have a final judgement of paternity in which it states that the parties freely and voluntarily entered into a paternity settlement agreement. The other parent is trying to modify the child support.
I have been told that an agreement is not subject to modification per Florida law. Is this the case?
the final paragraph says ''a modification or waiver of any of the provisions of this agreement shall be effective only if made in writing and executed with the same formality as this agreement.
can he now ask a judge to modify this agreement?
Thank you for your help.
1 Answer from Attorneys
Re: Patternity settlement agreement- subject to modification?
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
Child support is always modifiable in the State of Florida. A motion for modification should be filed if you want to modify your child support based on a substantial change of circumstances of one or both of the parties.
I strongly suggest that you meet with a qualified matrimonial attorney to discuss the specific facts of your case. This should be done as soon as possible to protect the interests of both you and your child(ren).
Scott R. Jay, Esq. 305-249-8000
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