QUESTION

My Ex asked for CS modification what do I do now?

Asked on Mar 17th, 2015 on Child Support - Florida
More details to this question:
My Ex asked for CS modification, which I'm fine with, but what do I need to do? Would it be best to get a lawyer for this? I don't know how much he makes now and yet I have to file my financials. My son is Autistic. He sees my son for less than 30 days a year and never talks to him - will that be taken into account?
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1 ANSWER

Family Law Attorney serving Plantation, FL
3 Awards
  If the child support was previously established via Marital Settlement Agreement and ratified by the court with an entry of a Final Judgment, than either you or your ex would need to file a Supplemental Petition for Modification of Child Support. The basis for modification a previously established child support amount is substantial change in circumstances and such change must be permanent. Once, the modification petition is filed with the court the parties must exchange financial information by filing a financial affidavit. Thereby, you would be able to "discover" what his current income is. The timesharing aspect is taken into account, meaning, the fewer overnights he has, the more he has to pay in child support. The Autistic factor is figured into child support calculations if there are substantial out of pocket medical expenses, including the expense of paying for health insurance for the child. If you are both in agreement to modify child support, the Final Judgment can be modified to reflect same. This document would need to be ratified by the court. I would definitely recommend consulting an attorney because you want to make sure that you have the opportunity to know what his income is and to make sure if the child support is modified that it is memorialized by the court so said judgment can be later enforced in case the Father stops paying support. Some helpful forms can be located at: http://www.flcourts.org/resources-and-services/court-improvement/problem-solving-courts/family-courts/family-law-forms.stml Best of luck, Helena Y. Farber, Esq. Associate Attorney Law Offices of Cindy S. Vova, P.A. 954-316-3496 www.vovalaw.com
Answered on Mar 18th, 2015 at 10:57 AM

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