Legal Question in Family Law in Florida
Suspension of child support
I have been out of work on disability for 4 months and probably do not know when I will be released to return. What is the procedure for suspension of child support when a parent (paying child support) is out of work due to temporary or possibly permanent disability? How often would review of this suspension or reduction of support need to be done?
3 Answers from Attorneys
Re: Suspension of child support
You will have to file a petition seeking a downward modification of your child support obligation. Depending on your ability, and comfort level, you may be able to accomplish this on your own. See the self-help center at; http://www.flcourts.org/ .
I strongly recommend retaining counsel if your ex is represented by an attorney.
Good Luck.-Elliot Goldstein (attorney with offices in Tampa & St. Petersburg)
The above information is provided as a courtesy, without any consideration and without knowledge of the specific facts.� Do not rely on this information. Seek a formal consultation with an attorney.
Re: Suspension of child support
Support obligations may be increased or reduced by showing a substantial change of circumstances to the court, usually in a Supplemental Petition for Modification. You can get forms from the Clerk's office. Your support should be set for your expected average monthly income over a period of time so that changes in support are not required each time your employment changes. However, realize that support of a child is a parental obligation and the court will not change an order except for good reason, and temporary unemployment is often not sufficient reason. If you can't consult with a family law attorney, you may want to contact a legal aid or govt. agency which can help you work out a proper support level.
Re: Suspension of child support
You will need to file a Motion for Reduction in child support with the Court in which the original order was made. In the motion, set forth all of the pertinent facts why the child support should be reduced. You can also attach copies of pertinent documents as exhibits to the Motion.
Any disability payments which you receive will be counted as income by the Court.
Scott R. Jay, Esq. 305-249-8000