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Ex and CS?

dragonfly5's picture

In the state of Florida does my SO have to report if he has an increase in income, so that his child support can be modified?

Or does the EX have to request a review of the CS, which I understand in Florida she can do every 3 years.

Thanks for your help! We have been looking on line but do not see a definitive answer.

Comments

SASX's picture

The state does not require it, however, read the divorce decree / cs order.

Some include the wording that if either party has a "significant" change in circumstance (pay change greater than 10% either as an increase, or decrease in pay)that it has to be reported.

If your SO's order includes that wording he could be held in contempt for not notifying the court of an increase.

If it does not include that wording, you are home free until your BM decides to ask for a review. (Additionally in the state of FL, any review and increase in CS would be from the date she filed for modification, the courts typically will not retroact with the exception of OVER payment.)

dragonfly5's picture

Thank you so much, we will be looking at it tonight.

This site has helped me with so many things!
I don't know what I would do without my daily steptalk fix.

aggravated1's picture

In Florida, a request for review can be done every 3 years, unless there are circumstances that would cause child support to be raised or lowered by more than 15%. If you request a review before 3 years, you have to give a reason on why you think a review is necessary.

Per our attorney, we did not have to disclose any information-if the ex wanted to know if he received a raise, etc. she had to file a court motion and request discovery.
The same goes for her-if she gets a job or a raise and did not tell us but we suspect she did, we also would have to file a court motion.

in the cases I have seen, if an increase/decrease is warranted, it retros back to the court filing date of the motion.

dragonfly5's picture

I was hoping you would respond. I was going to send you a PM but I figured your answer would help everyone!

Thanks!

stepmom31's picture

If BM files a court motion and requests discovery, would she have to share her pay info with DH as well?