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Child Support and Time Sharing Modification

Brandon, FL |

My ex petitioned for a change of the above. She wanted a change in our school year scheudle of our kids and vacation scheudle. In mediation we agreeded to change the vacation schedule but, not the school year scheudle. My income has also increased from the time of our divorce to now, so my child support is going up about $500/month for 2 kids. We have a trial date for the middle of Januray. My question is since my child support is going up due to the change in incomes, and the change in the vacation scheudle. Will I be required to pay the additional amount, from the time of the new mediation agreement (which was in August), or from whenever the trial is over?

Attorney Answers 3

Posted

You could be required to pay it from as early as the time the petition for modification was filed.

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Posted

how is that determined?

Heather Morcroft

Heather Morcroft

Posted

It is based primarily on the petition, if it was asked for in the petition. The judge has discretion to grant it or not, but ordinarily will do so, as the courts are in favor of parents supporting their children and the amounts are standardized for most income earners. If an arrearage amount is too large, it will generally be broken up into smaller amounts and added in to the amount being ordered going forward.

Posted

the law is that the modification can go retroactive to the filing of the petition for mofication - and is supposed to if the need and ability to pay existed at that point. So it may very well go prior to your mediation agreement if it wasn't addressed in the Agreement. But the Court often uses its discretion, and perhaps if you are lucky you can get the ex to agree to the increase from the hearing date forward. May want to disuss it with the ex before the trial; perhaps agree to some sort of compromise on the start date. Or if neither of you hd attorneys perhaps it won't be brought up. Another thing to look at is in the original petition did your ex ask for the increase in support retroactive to the filing of her petition, if not, there is caselaw that says that you can only get what you ask for so if she did not ask for back child support it should be prospective only. Diffficult to make these arguments if you do not have an attorney though.

Family law rules differ significantly in every state, especially procedural rules. Always seek the advice of an attorney in the state where your divorce was filed.

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Posted

She did not ask for it to be retroactive in the petition. She did ask for attorney fees "pendente lite". Will I be required to pay that? How will it be determined. I won't have the 3500 retainer fee untill 1st week od december, so i wanted to gey whatever help i can now until then.

Mark Scott Rubin

Mark Scott Rubin

Posted

Can't really give you an answer about whether Judge will award attorneys fees. But if she did not ask for retroactive child support in her petition and it comes up in hearing you need to make the court aware that it was not requested by her in her petition and anything you do not legally request in your petition you are not entitled to.

Posted

She gets the increase from the date of the filing of the petition. Contact my office for free consultation.

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