QUESTION

In a supplemental petition to modify a parenting plan is a mandatory disclosure necessary when I’m not modifying child support in florida.

Asked on Nov 29th, 2022 on Family Law - Florida
More details to this question:
I have filed a petiton to modify my parenting plan and I’ve filed all documents and had the respondent served. I recieved an answer that they don’t agree and I want to file a notice of trial but I don’t know if I need to comply with mandatory disclosure if I’m not filing a child support worksheet or modifying child support.
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1 ANSWER

Family Law Attorney serving Coral Gables, FL at David B. Mitchell, P.A.
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You must comply with mandatory financial disclosure under Florida Family Law Rules of Procedure 12.285 when you are seeking to modify a Parenting Plan. (You can look up the Rule online.) Why? If the modification involves a change in the number of overnights each parent has with the child(ren), or the addition of new expenses, such as health insurance for the child, school expenses, after-school day care, etc., these will likely modify the child support amount. Since child support has to be re-calculated, financial disclosure is required. This is particularly true for requiring the production of a current (new) Family Law Financial Affidavit at the very least.
Answered on Nov 30th, 2022 at 11:41 AM

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