Court done anything about motion for CHILD SUPPORT PAYMENTS ARE ABOVE 5% DEVIATION OF THE GUIDELINE AMOUNT

Asked 9 months ago - Palm Coast, FL

My husband basically blackmailed me into signing a Marriage Settlement Agreement because he had all the money & I was trapped with 3 children in MA, was forced to represent myself Pro se. His lawyer put in a child support amount far below the guidelines and also put that it wasn't to go through DOR in Florida. My husband made up phony financials and I even had proof he made more, all ignored by the courts. Even with his phony financials he's paying less that half of what the guidelines require. I filed a motion TO WHY CHILD SUPPORT PAYMENTS ARE ABOVE 5% DEVIATION OF THE GUIDELINE AMOUNT AS PER FLORIDA STATUE 61.30 because the judge didn't do his diligent job going over the agreement, where he would of picked up on this. I filed the motion on 8/26/13 & still nothing has been done. HELP !!

Attorney answers (4)

  1. Frederick Lincoln Pollack

    Pro

    Contributor Level 15

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    Answered . This is not something that you should be trying to do on your own, nor can you fault the judge for approving an agreement which appeared to be valid on it's face. If the parties knowingly and voluntarily entered into the agreement, the Judge would be in the right to approve it, unless he/she had good cause not to do so. Also, unless you had become a IV-D client of the DOR, or were receiving public assistance benefits, there would have been no reason for the case to go through DOR. The payments themselves should still have gone through the State Disbursement Unit (SDU) unless the two of you agreed otherwise - but even that could be changed via Motion, and you could always become a IV-D client of DOR and they would do a Motion to Redirect Payments.

    If the facts you've asserted are true then you may be able to file a Motion for Relief from Judgment pursuant to Florida Family Law Rule of Procedure 12.540 and Florida Rule of Civil Procedure 1.540, but there are certain things that must be plead & shown to obtain relief - so you should seek a consultation with an experienced Family Law attorney in the county where your action is pending to help you with your case.

    The answer provided is a general answer to a general question - and should NOT be construed as my giving specific... more
  2. Tami Lane Augen

    Pro

    Contributor Level 17

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    Answered . You need to set a motion for a hearing, the judge will not do anything unless you, or an attorney that you retain, pushes the matter forward. You should really consult with an attorney as soon as possible, you may need to file a supplemental petition for modification. Best of luck.

    This answer is for general informational purposes only and should not be relied upon for your particular case nor... more
  3. Arica Lynn Braaten

    Pro

    Contributor Level 16

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    Answered . Set your motion for a hearing. Call your case manager and get the matter set.

    Legal disclaimer: Ms. Braaten's answer to your question does not establish an attorney client relationship, but... more
  4. Robert Jason De Groot

    Pro

    Contributor Level 20

    Answered . What you need to do is move to set aside the fj based upon fraud and overreaching, perhaps coercion. You cannot do this yourself, you need to retain an attorney in the county where the divorce was.

    R. Jason de Groot, Esq.,

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