My daughter is turning 18 this month. Her father stopped paying child support for her. He wrote me a new check for my other daughter,based on his income 8 years ago. I asked him to base it on his current income. He does not feel comfortable letting me know his income. Can I open a case with child support to have this re-evaluated? I am living month to month.
Family Law Attorney
Through the Florida Department of Revenue's Child Support Enforcement you can reopen the case for evaluation every 3 years from the date of entry of the Final Judgment of support.
Through a private attorney you have to reopen it when there is a substantial, significant, permanent, and involuntary change of circumstances. So, in this second option, if one daughter is turning 18 and the second one is still a minor child, you can reopen the case to determine your ex's income through the case. The amount of support, in some cases, does not drop that much when one child turns 18 and the second one is still dependent, when the father's income has substantially increased with time.
Alejandro R. Lopez, Esq.
Law Office of Alejandro R. Lopez, P.A.
4465 Edgewater Dr.,
Orlando, Fla. 32804
Ph.: (407) 649-1404
Family Law Attorney
The first question is, does the final judgment co template the change in payment when the first child emancipated? If not, he is obligated (depending on the judgment language) to pay the amount he has always paid pending order, and in fact, it is his burden to file a supplemental petition for modification, at which time the current income and circumstances will be determined. Until then, he may be in contempt of court for self- modifying. The language in your final judgment is key..
Divorce / Separation Lawyer
A Motion to Modify the Support may be necessary, or simply contacting the DOR and re-evaluating the support order.
You should consult an attorney for advice regarding your individual situation since every case is different and not all information is relayed in an online question. The Law Office of Ophelia Bernal-Mora, P.A. is a family law firm located in Orlando, Florida, we invite you to contact us and welcome your calls at 407-377-6828. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.