In Florida, if a supplemental petition for modification of child support has been filed, how I can asnwer to supplemental petition if my ex husband is getting unemployment, but I'm not sure for how long? what if he find another job next week? Also he will need to disclose household income correct? this should apply in the case?
He will have to file a financial affidavit as will you that includes income, expenses, assets and liabilities. You will also have to provide financial documents to "back up" or confirm what is on the affidavit. If he changes jobs he will need to amend and file a new affidavit. When you say household income do you mean his current spounse's income? That will only be considered if there is a request for an upward modification/increase in support and he has subsequent children with his current spouse. You really should consult with and retain an experienced attorney to assist you with this matter. Navigating the judicial system on your own is usually not a good idea. If you need any further assistance or information please feel free to contact me. I wish you the best of luck.
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Criminal Defense Attorney
In your answer you simply respond to the allegations listed in the petition. You would answer agree, disagree, or without knowledge. You basically go through section by section of the petition and respond which ones you agree with, disagree with, or don't know. If you want to put forward your own requests for relief then your answer needs to include a counter-petition. As far as the issue for the unemployment and his household income, that comes in the form of a financial affidavit and his mandatory disclosure. Both sides must disclose financial information. Hire an attorney.
This is not to be considered legal advice nor does an attorney-client relationship exist.
Family Law Attorney
Regardless of your husband's finances, you need to respond by filing an answer within 20 days of being served with the petition. You file the original with the clerk of courts and mail a copy to your ex-husband or his attorney. If there are issues you would like to raise you should also file a counterpetition.
Your ex needs to disclose his financial information (by complying with mandatory disclosure). Only his income will be accounted for, for purposes of child support.
I suggest you talk to a family attorney in your area who can assist you with this whole process. It may get complicated.
My preliminary answer to your question is based on the limited information you have provided and should be used as guidance not legal advice. My response does NOT create an attorney-client relationship.
You need to answer the petition by responding to each numbered paragraph with either admitted, denied, or without knowledge. If you donot know if your ex is on unemployment, put without knowledge. If he finds a job next week, he as well as you have a continuing obligation to provide up to date financial affidavits with corroborating documents. With regard to the household income, Mr. McGinn is right on target with that answer. If you would like further consultation, I offer free consults as do many other AVVO attorneys. If you would like to speak further, contact me at 813-681-8383.
B. Elaine Jones, Esq.
You answer it based on the facts that exist at the time that you answer. If his or your finances change, you can have amended financial information supplied to the court. He will have to declare any income that is available to him as defined by Chapter 61, Florida Statutes. It really sounds as if you need a family law attorney. Have you attempted to work it out so that you can hire one?
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