Legal Question in Family Law in Florida
I posted this before but my question was not answered.
Can my ex mail a modified child support check, if I have not agreed to any modication and it has not been recorded in the courts?
Below is the original question asked.
My ex-husband wants to modify the child support once again because he is now making less money with his new employer. He had his attorney come up with the amount of child support based on his current salary and he went ahead and sent me next month's check with the new amount, without us coming to an agreement.
He just emailed me the documents today with the numbers and I happen to receive the check with the new amount the same day. I haven't even had a chance to review the documents. We have done everything through the courts and I want to know if this is legal for him to just send me a check for the new amount without me agreeing to anything?
2 Answers from Attorneys
It would appear that his attorney is trying to get you to agree and consent to the new amount. I suggest you hire an attorney and go to court on this issue. If not, there will be no do overs. Normally if someone takes a job making less then the court will not accept that unless it is due to injury and disability.
This type of modification should most certainly be done through the courts. Until further Order of the court, he is expected to continue paying the amount previously ordered.
I also find it hard to believe that an attorney would approach this issue in this way, as they must know that this is not the best way to get that done.
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