QUESTION
How to change the amount of child support that I agreed to??
Asked on Mar 27th, 2013 on Divorce - Florida
More details to this question:
I was married and divorced at a young age, 1997 to 2000, the reason I state this is #1, I was young & naive and #2. my ex-husband went with the cheapest way to divorce, he had a (paralegal?), draw up what we would agree on and the judge signed it, the problem is the Child Support agreement. I should not have agreed to such a small amount, However I am trying to find out how to go about having the amount increased. When I agreed to this he was not making much money and we were in our twenties with one child, & he was very involved with our daughter at that time, and he would help her & I out when needed, we stayed very close as best friends, so at the time I never considered that one day he might not have anything to do with her, and not fulfill his promises & that is exactly what happened. Approximately 3 yrs. ago he remarried & has completely abandoned our daughter, he has not contacted or even seen her, no birthday card or Christmas presents: (nothing ) and what makes me even more upset is he lives less then 15 minutes away and since this tragedy, this has completely devastated our daughter, she has major depression & anxiety issues now, failing in school, runs away a lot and into drugs and alcohol, very angry all the time and out of control altogether. I do not understand why he cannot be held responsible for these problems that he caused. Our daughter was fine & happy before he destroyed her. Also for about 4 years now I have not been able to work due to a severe accident that has disabled me, I have already had major back and neck surgeries to try and help me, with no avail, I have been and still fighting for my disability. So you see I need all the help I can get. My Ex-husband only pays $200 a month and this is through the state. Though since his new marriage he is never on time and a lot of times he skips a month or two altogether. Also he makes a lot more than he used to. I feel so ignorant and foolish for not realizing.
3 ANSWERS
I understand your situation and there are 2 possible ways to proceed: First, and the least expensive, if you can get him to agree to mediation, the matter can be resolved without going to Court. Mediation is fast, effective and affordable. The mediator can draft your agreement which can then be filed with the Court and will be binding on both parents. Second, if he will not agree to mediation, you can retain an attorney and proceed in that way. Remember, child support is calculated from both parents gross income less certain expenses and deductions and taking actual visitation (over-nights) into account. The State has a Child Support Guideline chart, which you can see on-line. You should look at. It will allow you to know, before you do anything, the amount of child support your daughters' father is responsible for. The amount of child support will change as circumstances, income, certain expenses, etc., change, so you do not have to sit quietly on the status quo.
Answered on Mar 29th, 2013 at 3:53 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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You would need to file a petition for modification of final judgment, but there would have to be a substantial change in circumstances since the final judgment was entered. There is one in your facts. Consult with a local attorney about this.
Answered on Mar 29th, 2013 at 3:52 PM
John Arthur Smitten
You have to file a petition with the court to lower the support.
Answered on Mar 29th, 2013 at 3:52 PM