Legal Question in Family Law in Florida
I recently lost my job in July and I am currently obtaining unemployment. I filed a petition to suspend/reduce child support in August based upon my recent circumstance. I have three questions. . . I have been paying half of the child support since I filed the paperwork with the court. . .Once I go to court would the judge consider that I owe back child support? Or would they retroactive the child support since I filed the paperwork? Also my ex filed a Petition to Modify child support. . .Will they use my unemployment income as income or will they consider the fact that it only lasts 26 weeks and inpute wages that I am capible of making once I can become employed again?
1 Answer from Attorneys
You owe the full amount of support up until the date you filed the petition to reduce or abate it. As of that date (or that month, actually), it goes to the reduced rate, if the judge agrees to reduce it. Once unemployment runs out, you have to go back to court and ask that support be reduced or abated again. Assuming the judge doesn't believe you became unemployed just to avoid paying support, in which case your support won't get reduced, your new income becomes your unemployment income plus any other money you are making. If you end up making no money at all once unemployment runs out, your new income is imputed to be minimum wage.
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