Legal Question in Family Law in Florida
My ex wife and I are both employed as police officers in Florida. In 04/17/09 we married and had a son, on 03/25/10. At that time, I was assigned to midnights on a violent crime unit and she was assigned to dayshift patrol. This allowed us to care for our son without much outside assistance. In October of 2010, I learned of an affair she was having with a co worker. For the better part of a year, I attempted to repair our marriage however this was unsuccessful and we divorced in December of 2011.
We filed an uncontested divorce settlement. At that time, I was still assigned to midnights and was actively trying to get dayshift. The parenting plan that I agreed to was based on my midnight schedule and gave me very limited over night stays with my son. I agreed to this because I had no other option at that current time as there was no way to care for my son on the nights I worked. My dayshift request has since been fulfilled and I am currently on the opposite schedule of my ex wife. Simply stated, every day that she works I am off and every day that I work she is off.
The schedule changed occurred in April of this year. My ex wife has been unwilling to change the parenting plan to allow me additional nights with my son. I currently have my son about 8 nights a month. My desire is a 50/50 split since I have taken the necessary steps to see my son more and in the process taken a step backwards in my career.
Furthermore, she has been unwilling to budge on the child support payment of $700/month. At that time I agreed to this amount because it cover .5 of daycare ($400) plus $300 for costs of our child. In addition I pay for his health care ($284) deducted from my paycheck monthly. Our salaries are basically the same with her earning slightly more than I.
Am I able to change seeks changes to the custody agreement and child support since I have taken these steps to spend more time with my son?
2 Answers from Attorneys
Yes sir I think you should be able to get into court and have the judge modify the parenting plan and the child support based upon the current circumstances of the case. Contact my office for free consultation 727-446-7659.
It has been a year since your divorce and with the changes of circumstances I believe you would have the benefit of have the judge allow for the changes. You will need to file a Modification of Visitation, Custody and Support. You will need to file a New Financial affidavit as well. If I can be of assistance, please contact my office for an appointment.
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