Legal Question in Family Law in Florida

Does this stop lawsuit proceedings?

My former husband asked me for a child custody modification to which I was in agreement with the exception of a few details. He then got angry at me and decided to have me served. Since then we have come to an agreement and he is willing to sign the original modification with the changes I'd asked for. Once he this agreement is signed and filed does it stop the lawsuit? We are changing our 15 y.o. sons primary residence from me to him, and stopping child support.


Asked on 4/07/08, 4:34 pm

3 Answers from Attorneys

Re: Does this stop lawsuit proceedings?

No, but it settles it. The agreement must be presented to the judge and if he/she approves it and modifies the judgment to reflect the modification you have effected, then you are good to go. BUT, it must be filed and heard before the judge.

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Answered on 4/09/08, 12:40 pm

Re: Does this stop lawsuit proceedings?

No, but it settles it. The agreement must be presented to the judge and if he/she approves it and modifies the judgment to reflect the modification you have effected, then you are good to go. BUT, it must be filed and heard before the judge.

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Answered on 4/09/08, 12:40 pm
Brent Rose The Orsini & Rose Law Firm

Re: Does this stop lawsuit proceedings?

You'll have to get a judge to agree with your modification, and few judges are willing to stop child support, since Florida law requires it. The theory is that the money belongs to the child, not the parent and, therefore, cannot be stopped.

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Answered on 4/08/08, 1:54 pm


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