I currently pay child support for 2 children. My insurance premiums have significantly increased and I also had my children in a free after school program which she pulled them out of because she was angry with me. Now, because of my job, I have to pay for child care that was initially free. DO I have grounds to modify the child support?
Mr. Alvarez,
It sounds like you have grounds for a few things. First, I am going under the assumption that your parenting plan gave both parents shared parental responsibility. That means she can't unilaterally pull children out of a program because she is "angry at you." You could ask the court to enforce that part of your agreement. Unless there is some other compelling reason, you have good grounds (no cost) to have the children return to that program.
Second, as to modification of child support based on insurance premiums, it would depend what "significantly" means. Under Florida Statute 61.30(1)(b) modification of child support must result in a change of at least $50 or 15% from the current amount you are paying under the child support guidelines. That can only be estimated if you have the current income of both parties.
It would probably pay for you to have a consultation with an attorney to see if a modification is worthwhile as well as what action you should take to enforce the shared parental responsibility issue.
Best of luck,
Cindy S. Vova
Law Office of Cindy S. Vova, P.A.
8551 West Sunrise Blvd. Suite 301
Plantation, FL 33322
954-316-3496
info@vovalaw.com
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