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child support modification in florida....PLEASE HELP!

ANDIE's picture

Hey guys..

My dh is in the middle of a child support modification in the grand ole state of florida...or shall i say.."the land of who gives a f**ck about good fathers as long as greedy bitch ex wives have enough money to support their drug habits."

and..... we have been told when doing a modification that if you both agree, that you can have the agreement state that the change will not take place until it is signed by a judge. Now, out POS attorney is telling us that we might as well start paying the difference now, because we are going to be in arrears from FEB (filing date) - June (court date)

So, does anyone know.....when do the new payments start?

Smonster's picture

Shouldn't your attorney know when they start? Sorry I'm not very bright when it comes to some abbreviations "out POS" attorney? You do have your own attorney, right? Because you will need one in court - believe me. If there is a Florida Child Support office you could call them and talk to them about when the payments start. Just google Florida Child Support and you will probably be able to find their website and contact information. Good luck.

soverysad's picture

Stepmonster - POS is Piece of Shit. lol

In PA you're responsible to pay any difference from the date of filing for modification.

"A pessimist complains about the wind, an optimist counts on the wind changing, a realist adjusts his sails"

MarriedwithChild's picture

Shit- Florida C/S is Shit. Period.

Don't drain your saving account- that's for sure.

They nail a guy's balls to the wall here. Lazy BM or not- the state does not want the financial burden.

WORST state to "play and pay"...ugh*

DH pays C/S and can't even enforce his legal rights to custody/ parenting "plan" (not) without yet paying for MORE legal consel.

I_GOT_THIS's picture

Aw FLorida, my home sweet home.
I know a few years ago when i went for a mod to CS my X was ordered to pay the modified amount from the date i filed for the mod. not the date we went to court. i can only guess the court thinks a person filing for a mod has financial reason to file WHEN they file not have a feeling they may need more CS so file to wait for a court date-6 months down the road.
Now before you think i'm a money hungry BM out to drain my X's wallet and support my drug habit please know i don't receive a red cent of that CS from my X. he still refuses to pay and the stupid court system in FL doesn't seem to care that he's $15,000 behind, with no license or job or bank account they can't seem to touch him. of course now his serving time in a state prison (not CS related) so again i support my DS with help from my DH and work my butt off full time
HOWEVER my current hubs pays CS for a kid he never sees to a mom that NEVER works and the court system continues to harrass him about payments and sends nasty letters to him pretty often. i personally think the CS system goes after the NCP of welfare recipents more so than people like me who work. although i asked CSE and they denied it.
CS is rarely fair.

God will forgive me. It's his job.
~~Heinrich Heine

JustAnotherSM's picture

In Illinois, a CS modification usually goes back to the date that BM (or CP) filed for mod. But that's if CS is determined by the judge. If both parties agree on CS amount, then arrears must also be agreed upon.

BM recently took DH to court to increase CS. DH agreed to pay XX amount of dollars per month and BM agreed also. However, when BM's lawyer filed the paperwork he added on arrears (several extra months in our case). Then, BM's lawyer failed to give DH or his lawyer copies of the CS Order and a month later they filed contempt charges against DH for failure to pay. So DH's lawyer is now filing to have the CS Order corrected and remove any arrears as they were not agreed upon. We have court transcripts that prove that arrears were never discussed in the agreement.

It is your attorney's job to make sure that the agreement states no arrears before it is signed by the judge. We had the same issue and our attorney did not listen to our concerns and now it is costing us additional money to correct this.

herewegoagain's picture

Except as otherwise provided in s. 61.30(11)(c), the court may modify an order of support, maintenance, or alimony by increasing or decreasing the support, maintenance, or alimony retroactively to the date of the filing of the action or supplemental action for modification as equity requires, giving due regard to the changed circumstances or the financial ability of the parties or the child.

and here is that 61.30(11)(c) referred to above

c) A parent's failure to regularly exercise the court-ordered or agreed time-sharing schedule not caused by the other parent which resulted in the adjustment of the amount of child support pursuant to subparagraph (a)10. or paragraph (b) shall be deemed a substantial change of circumstances for purposes of modifying the child support award. A modification pursuant to this paragraph shall be retroactive to the date the noncustodial parent first failed to regularly exercise the court-ordered or agreed time-sharing schedule.

I am NOT a lawyer, I just found this on lawyer websites, florida child support check with your lawyer...

hsearls's picture

I HATE Florida. You are absolutely correct, a lazy, greedy, vulgar, disgusting shrew can collect 2K a month for the rest of her life to sit on her fat ass and drink Natural Ice, smoke pot and screw anything that is willing.

The government there has serious issues!

On a more rational note. It takes a LONG time to get CS altered in FL and if you are trying to modify alimony I hope you live in N. Florida as that is where all the good lawyers seem to be. Just my 2C worth.

herewegoagain's picture

I know a man who divorced his wife in Florida...he was a great man...he was like a father to me and I miss him greatly...I know he eventually moved out of Florida after the divorce...I never knew about how the divorce went, as that is not something we really talked about...

He passed away 6yrs ago...I cried like if it had been my dad...I still miss him...

Years later a friend of his told me "You know, he was a different man...he told me so many things and I just couldn't believe what he was going through...remember how he always dressed so nice, the car, etc...he was left to live in a shithole! butI just couldn't believe would not have recognized him if you had seen him...I felt so bad for him..."

I was shocked to find this out as I knew his ex-wife as well...I was ticked off...I then realized what happened...He died of a heart attack while showering...and he was a very healthy man...I think the stress of working all his life and being left with nothing took a toll on him...

I have never talked to his ex again...

I hope you find some peace and that you can make it through this...if not, get out of the country! Forget it! It is NOT worth it!

NavyChiefWife's picture

My husband is military and the BM resides in Florida. I agree that what they do to father's is not fair. They are attempting to slowly change that, although I will believe it when I see it. Lol. In Florida it seems like they think every father is a dead-beat dad even if he has done everything to be in his child's life.

As far as the child support goes, they can go back from the date they filed the paperwork requesting the modification, IF they ask to. If they don't ask for it then they wont get it. I am pretty sure that there is a certain amount of days they have from the date the final paperwork has been filed to go back and request the retroactive support. Once that date passes they are sol. Correct me if I'm wrong about this..
The day that the new CO is filed with the courts is when the new child support amount starts getting paid. You do not have to start paying a different amount just because that is what she is demanding. If you do then the judge may see that as you agree with the amount she wants and may go ahead and order you to pay it. If he ends up not raising the support then good luck trying to get any extra money back from the BM!

If DH and BM come to an agreement and both of them agree that the CS doesn't start until the judge signs off on it then that is usually what the judge will go by. Usually the courts are very acceptable with parents that are able to agree with issues. Not that they actually care the parents are getting along, it's because it's less crap for them to have to deal with.