Modification of Child Support. My ex has just filed to lower child support. He has a case with the DEA and the State of Florida, 41 fellonies, drug trafficing, money laundering and racketeering. Would his financial documents hold up in court? We did a modification to lower support in Oct 2012 when he got out of jail cause he said he was struggling financially and i felt bad. A year later he wants to lower again. Also, if I hired an attorney to fight the modification would the judge look at as well I have money to hire an attoreny and he doesnt since he filed onhis own? Also, my son is upset cause he has seen pronography videos on his dads cell, how do I approach this?
Divorce / Separation Lawyer
I do not believe that hiring a lawyer is going to hurt your case. The court usually recognizes that people have the right to hire someone to represent their interests in court. If anything, the fact that your ex is facing 41 serious felony charges would definitely hurt his credibility in the eyes of the court.
Contact some family law attorneys in your area to discuss your options.
Please note that without more specific information, I am unable to provide a definitive answer to your question. Please accept my answer for informational purposes only and I hope it will give you a starting point in seeking legal representation. I would be more than happy to meet with you to provide legal advice in a consultation.
I agree, hiring an attorney shouldn't make you look bad. Additionally, you should talk to his father about your concerns about the phone issue.
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I agree with my colleagues. Hiring a lawyer will not hurt your case. To the contrary, I recommend that you retain an attorney to help you with this case. Many attorneys on here, including myself, offer free initial consultations.
As for the pornography issue, you may want to reach out to you ex and talk to him about this. You should probably also have a discussion with your son.
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Divorce / Separation Lawyer
You definitely need to hire an attorney. Way too many issues to try to digest within the scope of this forum. Good luck!
Bill Rosenfelt 407-462-8787 (Orlando/Longwood/Central Florida)
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Family Law Attorney
The hiring of a lawyer would most likely not hurt your case or be viewed negatively by the Court. You should hire a lawyer to best represent your interests. You should also discuss with your lawyer how to address the pornography in order to protect your son.
Family Law Attorney
Yes. You need to hire an attorney. You have too any issues at play and your ex needs to know that you are playing hardball and will not be taken advantage of. Further, if your child is watching pornography while with the father, this issue needs to be addressed immediately, most likely a letter to your ex will do prior to seeking court intervention. Again, hire an attorney. Also, check out my website where I discuss modification. One just cannot keep modifying. Please feel free to call myself or a colleague.
You can reach the Law Office of Richard S. Chizever, P.A. at (305) 974-1580 or RChiz@ChizeverLaw.com. Richard S. Chizever, Esq. is a family law attorney licensed in the state of Florida. This answer is for general information only and does not create an attorney client relationship between Richard S. Chizever or the Law Office of Richard S. Chizever, P.A. and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.
Divorce / Separation Lawyer
I agree with the other attorneys who responded to this question that retaining an attorney would not hurt your case. Further, as part of an initial consultation, I would want to learn more about the status of the 41 Felony charges. If your Former Husband is facing incarceration for his crimes, then there is more to discuss than merely his attempted modification of child support. If he is not going to be able to continue any timesharing that may be established, then that may be an issue to look into as well. Additionally, the law provides that if your Former Husband is voluntarily unemployed or underemployed, that may be a bar to his attempt to reduce his child support obligation.
If your Former Husband is not working due to his current criminal issues (especially if he is facing incarceration), then the court could deny a downward modification and allow the child support to accrue while your Former Husband is dealing with the criminal matters and then set an arrearage amount to be paid at the same time that the normal child support payments resume.
Finally, I believe that any attorney that you consult with would want additional information about the pornography that your son viewed prior to making any additional recommendations on how to handle that matter.
I wish you the best of luck with your issue and if you would like to obtain additional information, you can access my website at www.tamiaugenlaw.com
Tami L. Augen Rhodes, Esq., 561-932-1700
Hiring an attorney doesn't mean you have a surplus of income it means you are unsure about the laws and regulations and you want to protect yourself; it's a smart and wise move especially since you have so much going on.
Also, I agree that you should speak with your ex regarding the pornography and see what is going on. If he resists or you feel he won't stop then discuss modification of timesharing with your attorney based on this, i.e. if it needs to be supervised, etc.