I'm going to court for child support modification that I file a month ago because financial circumstance and the tuition of the care has drop. Is the parent of a child is allowed video chat everyday? Is it a Florida law or Request. Also doing a Respond to my modification lawsuit. She filed a Motion for civil contempt. Of course its all a lie.
You really have two major issues: the first dealing with child support and the other dealing with time-sharing/parenting issues. With regards to your first issue, modification of child support, you should try to have your request for modification heard with or before the Motion for Contempt filed by the child's mother. The Court will modify your child support obligation if there has been a substantial change of circumstances. The Child Support Guidelines will serve as a substantial change of circumstances if the difference between the existing monthly obligation and the amount provided for under the guidelines is at least 15 percent or $50, whichever amount is greater. The Court should not hear the Motion for Contempt prior to your Petition for Modification being adjudicated.
Your request to have electronic communication with your child is not unreasonable. However, in order for you to ensure that you will be able to have daily communication with your son/daughter, you will need a court order. The Court will establish a Parenting Plan, if you do not already have one, which will set forth your rights as well as the child's mother's rights and obligations with respect to the child. The Parenting Plan will not only specify the time-sharing that you will each have with the child, but also what electronic and/or telephonic contact you will each have with the child (which could include video chat). In some cases, it is a good idea for the Parenting Plan to specify the time of day that the communication will take place each day to ensure that the child and parent will be available for that communication. Therefore, if you do not have a Parenting Plan you will to file a separate Petition with the Court to obtain one. If you have a Parenting Plan and it does not address specific daily communication with your child, you may need to file either a Motion for Clarification (if the Parenting Plan is unclear on the issue) or a Petition for Modification if there is a substantial change of circumstances since the time that the original Parenting Plan was entered which would warrant that the Court modify the Parenting Plan to include a provision for daily video chat.
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It is unclear from your post if a parenting plan and timesharing schedule have been ordered. Video chat can be made a part of the timesharing/parenting plan. If your case was a DOR case that only deals with support and does not deal with timesharing, then you will need to file a Petition to Establish Timesharing and can address video chat at that time. Unless there is a Petition for Establish Timesharing or a motion to amend the timesharing plan pending and notice for hearing, the court will likely not address this issue at your child support modification/contempt hearing.
You should consult a local attorney if you do not have a timesharing plan in place.
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