Attorney & Law Firm Directory Verified US Attorneys
Sign In Free Sign Up

Can a person take it upon himself to reduce his child support by 50% when the oldest child becomes emancipated? State of FL

Bankruptcy and Debt 2 views 3 answers
Ex-husband is ordered to pay me $383.00 bi-weekly for 2 children. In 2010, our oldest daughter turned 18 & graduated from H.S. Immediately, he began sending me exactly 50% ($191.50) for our remaining child. This has gone on for 5 years. I filed a motion for contempt and am asking that he revert to the ordered amount of $383.00 , and pay me back child support back to 2010. I have every single copy of his checks for the last 5 years showing what he has paid. In our Divorce agreement, it states that when the oldest child turns 18 and graduates from H.S. child support shall re-calculate. No modification was ever filed to re-calculate. Do I have a case?

Attorney Answers

3
A Mullaney ·
Let's assume that none of the factors that go into a child support calculation changed - except the number of minor children. In that situation, child support would change - but not by 50%. Without knowing all the info (and reading the final judgment), there's no way to know if the support would go up or down. But you certainly have a case.
0 upvotes
William Rosenfelt ·
It's not possible to determine what proper amount of support should be. However, the Final Judgment appears to be clear that it shall be recalculated under this scenario. In order to know what the result would be, you would have to know what both of your net monthly incomes are pursuant to Chapter 61, Florida Statutes. Good luck.
0 upvotes
Betty Jones ·
Yes, you have a case. I would file a Motion for Contempt and Enforcement, and also a Supplemental Petition for Modification. That is the only way to get this straightened out. Use of an attorney is highly recommended. Good luck. Sincerely, B. Elaine Jones, Esq.
0 upvotes

People Also Asked

Are we still liable as guarantors after a chapter 7 filing?… 2 answers When working "on call shifts" at a restaurant what is the minimum amount of hours your emp… 3 answers What is notice of dropping party filed by the plaintif, in a pending foreclosure ?… 1 answers Does a Last Will and Testament need to be filed with the Clerk of the Courts office to be … 3 answers What can be done about threats left on voice mail?… 2 answers What is the consequence of continued driving after revocation charges in Minnesota?… 3 answers

Browse by Practice Area

Litigation 203,509 attorneys Real Estate 156,159 attorneys Personal Injury 149,024 attorneys Criminal Defense 99,634 attorneys Family Law 95,894 attorneys General Practice 90,854 attorneys Business Law 84,818 attorneys Business 82,448 attorneys Criminal Law 72,552 attorneys Intellectual Property 61,381 attorneys

Browse by State

Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware District of Columbia Florida Georgia Hawaii