Legal Question in Family Law in Florida

I recently attended a child support mediation with my children's father, never married (paid & done with lawyers - not through the court-- in an attempt to reach a reasonable agreement without having to go through the lengthy court process). However, it went terrible for me. I ended up worse off after mediation than I did before as I was intimidated & scared as I was constantly told that things would be worse if I went to court (by MY supposed lawyer & the mediator). I felt pressured & just needed it to be over with so that I could get to my children- so assuming that MY lawyer was looking out for my & my children's best interest, I did sign the agreement without fully reading everything in the agreement (the mediation begin around 10 am & wasn't over until about 8 pm- of which I even had to make calls during it to have someone pick up my children from daycare by 6 pm). A number of things were not done fairly- such as our salary calculations & child expenses are incorrect, my current child support order for our first child was only increased by $29/month (plus $180/month for half of daycare throughout the year except during the 2 summer months- since I don't work during the summer) to include our 2nd child. I was told that because he has other children they couldn't give me more than that for our second child. He has 3 other children from 3 different women- & 2 of the 3 other children receive more child support for 1 child than I receive for our 2 children. Also the agreement requires that I now allow him to claim our 2 year for federal taxes every other year until he catches up with his back child support (arrears for our 7 year old), & then he's able to claim him every year after that. (I am a 10 month employee at a school & also do not work during holiday, spring & summer breaks so my federal tax refund is actually used to take care of us during these months/days I do not work). I do not feel I should have to help him catch up his back child support by allowing him to claim a child he's barely seen in the past 2 years. Keep in mind both children have always lived with me & he barely sees them (they go months without seeing him at all & may see him a few times a year with few to no overnights all year- although there is a parenting plan for our 7 year old where he's supposed to have her for 120 days/year). It also says that there will be no retro child support for our 2 year old.
Anyway, I contacted my lawyer & told them there were a few errors & there were many things that I feel were not fair & should be modified (plus I was pressured, intimidated & scared by both him & the mediator so it was not impartial at all) - so I didn't not want the agreement filed as I wanted to go through the court directly instead. The agreement & the mediation was solely to help him & did not consider the best interest of our children. However, he told me I signed it & there was basically nothing I could do at this point. So, I'm asking, what exactly can I do? Can I go to the court & file my own child support petition (there is only a court order child support order for our first child, not our 2 year old-- which this new agreement would add)? Please help? How can this be appealed/rejected? Please help!

Asked on 6/26/15, 12:36 am

3 Answers from Attorneys

Lucreita Becude Lucreita D. Becude, P.A.

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Find a lawyer that is familiar with the family court - file an amended supplemental petition for child support, custody and visitation. start the process all over. You can certainly contact the Judge's office and leave with his assistant that you do not agree to the mediation agreement that was signed - that you were pressured into signing it and your want a court hearing.

May work , may not. Depends on the Judge. Normally when you sign these things it is the end of the matter. However, there is always a way to change it.

Answered on 6/26/15, 7:04 am

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Robert McCall Law Office of Robert McCall

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If the Agreement has not been approved by the Judge, file an objection immediately so the Judge will not take action. If it has been approved you can file an Amended Petition but in my area setting aside an approved Mediation Agreement is almost impossible. You would need to show fraud or misconduct for example.

Answered on 6/27/15, 7:04 am

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