We both agreed that I would have primary times sharing. He now after the very first garnished check is threatening me by stating if i don't agree to lower it by half he would seek 50 custody so that the custody will then lower automatically. I need the money since I do not work at his request so that I can stay home with my son. At this point I don't care about the money so long as the custody stays as is since he's unfit . How can I word this adjustment letter that he's forcing me to sign so that it's clear to the courts that all other matters or provisions of the original divorce papers remain the same. .also he wants to write me a check not have it garnished but since he hasn't paid child support for his first son in over 5 years i don't want to sign his draft.
Family Law Attorney
You can't agree to lower the child support. Child support is computed according to Florida's child support guidelines system, and you are bound by that system. Also, changing a timeshare agreement is extremely difficult once you've both signed an agreement or a judge has ordered it. Essentially, something major has to happen to change things. And it sounds pretty ridiculous to agree to remove the garnishment. If you have a written, court-approved agreement for timeshare and support in your case, it's probably time to tell him to pound sand.
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Family Law Attorney
My answer is this: since the 2 of you barely just divorced, it seems highly unlikely that there's been a "significant change in circumstances" which would justify a change in the time sharing arrangement. Examples that are considered as "significant change" are Baker Acts and history or drug abuse or crimes of violence.
Time sharing is usually determinative of child support but even this may be changed if he can show a change of circumstance ex. loss of income at a variable of approximately 15%.
If either of you files to modify either time sharing or support, the judge will decide what's in the best interest of the child. Consistency and financial support are primary.
Maria Kazouris, Esq. (http://legalresults.net) Disclaimer: Although, we make every effort to make sure our information is accurate and useful, we recommend you consult a lawyer to be sure that this information, and your interpretation of it, is appropriate to your particular situation. This information is not intended as legal advice for an individual situation, it is only provided as information.
Family Law Attorney
Do not agree to anything. He is bullying you. You should not discuss anything with him except issues about your kids. Use email for all communications.
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Child Support Lawyer
The fact that you feel "forecd" to sign the agreement says it all. Do NOT sign this agreement. His threat to change cusody to 50/50 is most likely an empty threat. Under Florida law in order to be entitiled to such a change he would be required to prove that a substabtial change of circumstances occured since the last court order dealing with parenting issues. You state that you have primary custody and that that issue was just resolved, so what has changed? Do not let him intimiate you. You should seek the advice of an experienced and qualififed lawyer to assist you in this matter.