Legal Question in Family Law in Florida

Reduction of child support

FL case.

Divorce finalized in May 2006 when child support (including retro) ordered.

Ex paid two months and none since.

DOR was going to suspend his license and he has now filed for modification (reduction).

Broward Courts....how likely are they to reduce support when he has made no effort to pay at all?

He is saying he is self employed and cant earn it, but he was self employed at time of order.

Additionally, in MSA he was given fully paid for truck and 4 atvs. After CS ordered, he financed a new truck and another two atvs.

I have emails from him saying he won't pay (not that he can't pay.)

Children are with me 100% of time and I now have expenses for tutoring.

FL DOR is representing me.

Are they really likely to reduce and what happens about the 16k he is in arrears.

If they do not modify, can he then be held for contempt???

Sorry so long.


Asked on 10/20/07, 5:28 pm

1 Answer from Attorneys
Scott R. Jay Law Offices of Scott R. Jay

Re: Reduction of child support

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.

He is unlikely to get his requested modification. Contempt will likely follow. I believe the Florida Attorney General's office handles these matters in Broward and they seem to be aggressive in their prosecution.

Scott R. Jay, Esq.

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Answered on 10/20/07, 10:36 pm


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