Legal Question in Family Law in Florida

I just unsuccessfully argued before Florida magistrate that a Respondent who moved from Florida to another state a year ago, pursuant to FL Stat. 61.30(11)(c), created a substantial change in circumstances that makes Respondent subject to retroactive child support modification since exercising a 50/50 agreement has been impossible and there is evidence of 90/10. Magistrate would not apply the statute. Why?
FL Stat. 61.30(11)(c): A parent�s failure to regularly exercise the time-sharing schedule set forth in the parenting plan, a court-ordered time-sharing schedule, or a time-sharing arrangement exercised by agreement of the parties not caused by the other parent which resulted in the adjustment of the amount of child support pursuant to subparagraph (a)10. or paragraph (b) shall be deemed a substantial change of circumstances for purposes of modifying the child support award. A modification pursuant to this paragraph is retroactive to the date the noncustodial parent first failed to regularly exercise the court-ordered or agreed time-sharing schedule.

Asked on 1/21/15, 7:15 pm

Robert McCall Law Office of Robert McCall

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Ignorant Magistrate (Not Unusual) Appeal to the Judge. Be careful and READ the rule, you must strictly comply to have the Judge hear the issue.

Answered on 1/22/15, 6:38 am

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