QUESTION
Can my soon to be ex husband request a court date to protest the amount of ordered support?
Asked on Nov 18th, 2012 on Divorce - Florida
More details to this question:
He never filed a response to my petition for dissolution, he didn't show up for court. He was ordered to pay a large amount of support and was upset because the judge didn't know he pays $1500/month child support to someone else and $1500/month to the Franchise Tax board. These are garnishments. We agreed on a lower amount and I signed a paper which outlined the terms. He started changing the amount and payment dates to his liking so I served his employer with the wage assignment with the amount that was originally ordered. I then filed a request for default judgement because he still after 8 months hasn't responded. I go to court next month.
6 ANSWERS
Yes support is modifiable especially under the circumstances you describe.
Answered on Nov 21st, 2012 at 7:15 AM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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He can request support be based on guidelines but he would have to file a motion to modify it. The court has discretion to consider support for the other kid. The tax liens don't count.
Answered on Nov 21st, 2012 at 5:53 AM
Family Law Attorney serving Temecula, CA
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Landon Rainwater Robinson LLP
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Your husband can request a support modification and based on the financial situation of you both the court can modify his support.
Answered on Nov 20th, 2012 at 2:01 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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Yes, Immediately.
Answered on Nov 20th, 2012 at 10:55 AM
Yes, he can ask the court to reconsider the order.
Answered on Nov 20th, 2012 at 5:08 AM
Any spouse can request a Court to re-visit ordered support. Whether or not the Court will change the existing order will depend upon the 'evidence' of changed circumstances that will be presented to the Court at the time of the hearing.
Answered on Nov 20th, 2012 at 5:04 AM