More details to this question:
My ex filed a Supplemental Petition to modify our parenting plan. She's arguing the change because I have school once a week for 3 hours, but she's asking to change the plan from a 2-2-3 to where I only get Tuesdays and alternate weekends. She's also claiming inappropriate behavior, saying my 5-yr old seen my significant other kiss me. I believe its manipulation. We just received our final judgment 2 months ago and she knew about my school schedule before the final judgment. She's looking to make this modification to not pay childcare costs (46%) every two weeks, as well as receive more in child support after being denied an increase prior to the judgment. Can I file a motion to dismiss or something similar?
1 ANSWER
"A time-sharing schedule may not be modified without a showing of a substantial, material, and unanticipated change in circumstances and a determination that the modification is in the best interests of the child." Florida Statute 61.13(3).
If as you say, she was aware of your school schedule prior to entry of the final judgment, I do not see how she can satisfy the above statutory language to proceed with the modification. You should definitely file a motion to dismiss, stating that she failed to state a cause of action. There is no form motions to dismiss and it is advisable to hire an attorney. However, maybe try googling for some examples of the motion, if hiring an attorney is not an option.
Best of Luck,
Helena Y. Farber, Esq. ~Associate Attorney~
Law Office of Cindy S. Vova, P.A.
www.vovalaw.com
Answered on Jun 23rd, 2015 at 7:37 AM