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My divoce states that instead of child support the father is to pay for private school for both our childrens suppllies uniforms/cloths and books. The children have not been in private school for three years and the fathers just started paying when I call and ask repeatedly for the childrens money this past Sept 2012 about $1000.00 a month he gets paid everyother week and he works for homeland security and thinks he doesn't have to support his children The state said they cant enforce because there is no set amount agreed in the divorce. what do I do
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Personal Injury Attorney serving South Pasadena, FL
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You can file a supplemental petition for modification of final judgment and in that pleading state that the children are not attending private school and you need child support in lieu of private school payment. Only a court order can modify child support and this is the only way to get a court order in your case. The supplemental petition must be filed with the court and served upon your husband. You will need to file several supporting documents such as a financial affidavit, and proposed child support guidelines. The matter will most likely be ordered to mediation and hopefully resolve at that time.
Answered on Jul 16th, 2013 at 3:30 PM