Legal Question in Family Law in Florida
I was recently divorced and received custody of our children. I agreed to take all responsibilty of our children in order to keep the children in Florida and let her moved to NY to be with her now husband. My ex-wife pretty much gave me everything. She has agreed to pay for the insurance on the children which she has yet to do, and she agreed to pay for all transportation in order to see them. I am unemployed at the moment and I am living off of my 401k. My ex-wife is a RN who married her doctor friend she was having an affair with for over 15 years. Can I go back and change to divorce order so that she pays child support?
2 Answers from Attorneys
YOu would need to look at what your decree stated. By paying the insurance and transportation costs this could be considered child support as no court in this state will allow you to waive child support. Depending on the time between when you received this divorce and now, you might could ask for an increase based on a change of circumstances. I would have to look at your papers. If you are in Jacksonville, give me a call. Otherwise contact an attorney in your area to review your documents.
As a general rule, child support can be revisited every three years or whenever either party's income changes by 15% or more. It sounds like you should be able to go back to court, but check with a family lawyer to be sure.
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