Legal Question in Family Law in Florida
My X filed a supplemental petition for mod of child support due to an injury that occured before the final judgment was made. He has since had to retire and that is the reason he is asking for the mod. My question is since the injury occurred before we got divorced, is the simply a reason to ask for a dismissal of his request? He also worked for a full year and is obvioulsy able to work, but is currently voluntarily unemployed. I have already answered his request and also asked for a mod due to his failure to excercise visitation as well as imputing of income and child support amounts that were calculated incorrectly due to incorrect information used in the original calculation and judgment. and subsequent past due child support amounts, since he has stopped paying since the date of his retirement and has was behind before that. I have also filed a motion for contempt, which is y he hired a lawyer in the first place cuz i told him I was going to. My questions are: would it have been better just to ask for a dismissal (if that's what it's called) of his petition? or was it good that I did an answer denying his allegations and also put in a counter petition for modification of support reflecting the correct amounts and subsequents arrearages as well as past due child support. My overall concern about filing a counterpetition is in how likely the judge will impute income to him, and if I would be better off just denying his allegations and asking for a dismissal of his petition and leave the order alone. or perhaps if possible, deny his allegations and only ask for the arrearages to be changed and not the mod of support on my petition. And if I should do the later, how I would go about dissmissing my own counterpetition and doing another answer and petition for arrearages only.
1 Answer from Attorneys
The answer and counter is good. From here out you should seek the support of an attorney and ask for attorney fees.