I filed for a modification in Oct '08 and it is still not settled. I was told it should only take 1-2 months. Is it normal to go on this long?
Divorce / Separation Lawyer
Actually, it is quite rare in any court for a child support modification to take only 1-2 months. The only way a support modification happens that fast is if both parties are in agreement and enter into a written stipulation with a child support guideline worksheet and financial affidavits attached and do not need a hearing. Even then such a modification typically takes 3-6 months in order for the parties to have the time to exchange the required financial disclosures, run the calculations, agree to terms and process the paperwork with the Court.
More typically support modifications take 6-9 months (and in Pinellas County 12-18 months because they run notoriously slow in availability of court dates in front of the Family Law General Magistrates and Child Support Hearing Officers).
Frederick L. Pollack, P.A.
Attorney and Counselor at Law
412 E. Madison St,. Suite 915
Tampa, Florida 33602-4617
Tel: (813) 228-0400
Fax: (813) 228-0600
As your case has been going on for over 18 months, unless you have a final hearing date already set, I would suggest you contact a Family Law attorney in your area for a consultation to review your case with you and help figure out why it is taking so long and potentially help you speed it up. While my office is in Tampa, I handle cases in Pinellas also, so you are welcome to call my office for a consult (or for a referral to other Family Law attorneys in St. Petersburg who could help you).