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Child Support Modification Process
Summary
Child support modifications in florida require significant changes in circumstances, such as job loss. Emergency relief needs substantial evidence of hardship. Alimony can be revisited if circumstances have changed. Filing a motion to expedite or for temporary support requires clear documentation of financial hardship and supporting evidence. If your ex fails to respond to a motion for contempt, you can file a motion for default or request a hearing. Consult floridas family law self-help centers for procedural guidance.Full Conversation
I lost my job 2 months ago and have no income. I have no college degree and didn't work the entire 9 year marriage. We have been divorced 6 years and have been working odd jobs trying to pay my bills. Then I was let go. My ex husband operates a lawfirm and manipulates his income with the firm, so he has only been giving me $*/a month for support for my daughter, no alimony even though I was not working the entirety of the marriage. I have now reopened the case for a modification of child support and emergency immediate relief while the case is pending as I am not able to afford to pay my bills and even food. That was denied by the judge and sent for the magistrate to review that matter.
I’m sorry to hear about your situation. Here’s some general information regarding child support and alimony modification in Florida:
- In Florida, child support can be modified if there is a significant change in circumstances (e.g., job loss).
- Emergency relief may require substantial evidence of immediate financial hardship.
- Alimony may also be revisited if circumstances have significantly changed since the divorce.
What specific assistance are you seeking regarding your case before the magistrate?
- In Florida, child support can be modified if there is a significant change in circumstances (e.g., job loss).
- Emergency relief may require substantial evidence of immediate financial hardship.
- Alimony may also be revisited if circumstances have significantly changed since the divorce.
What specific assistance are you seeking regarding your case before the magistrate?
I have an immediate evidence of hardship. My ex is alleging now that he has another minor child after my daughter that he has no legal paternity for no timesharing or court recognition or order for support, but I can prove he provides a substantial amount of support for this new child which is argument as to why he cannot help me more with our daughter.
Under Florida law, child support is calculated based on the Florida Child Support Guidelines, which consider both parents' incomes and expenses. Your ex's financial support for another child, especially one without legal paternity, may not reduce his obligation to your daughter. However, it could be relevant if a court deems it a significant financial factor.
To strengthen your case:
- Present evidence of your financial hardship (e.g., job loss, bills).
- Highlight proof of his income manipulation and support for the other child.
- Emphasize your daughter's needs.
Have you already submitted these documents to support your modification request?
To strengthen your case:
- Present evidence of your financial hardship (e.g., job loss, bills).
- Highlight proof of his income manipulation and support for the other child.
- Emphasize your daughter's needs.
Have you already submitted these documents to support your modification request?
Yes, but my case is still sitting for 2 months with the judge who denied the emergency relief and sent that matter to magistrate. No updates, no one will talk to me to tell me whats going on even if this is being reviewed nothing
I understand how frustrating this must be for you. In Florida, cases referred to a magistrate can take time. You can:
- Contact the clerk of court to check the status.
- File a motion to expedite if your situation worsens.
- Attend the magistrate hearing prepared with evidence.
Have you tried contacting the clerk for an update?
- Contact the clerk of court to check the status.
- File a motion to expedite if your situation worsens.
- Attend the magistrate hearing prepared with evidence.
Have you tried contacting the clerk for an update?
File to motion to expedite, how do I do that. Can you help me with that?
To file a motion to expedite in Florida:
- Draft a "Motion to Expedite" stating your case details, the urgency, and reasons for requesting expedited review (e.g., financial hardship, immediate needs for your child).
- Attach supporting evidence (e.g., proof of financial hardship, bills).
- File the motion with the clerk of court handling your case.
Have you already prepared any supporting documents?
- Draft a "Motion to Expedite" stating your case details, the urgency, and reasons for requesting expedited review (e.g., financial hardship, immediate needs for your child).
- Attach supporting evidence (e.g., proof of financial hardship, bills).
- File the motion with the clerk of court handling your case.
Have you already prepared any supporting documents?
Yes I have filed all my unemployment proof
It’s good you’ve prepared your unemployment proof. For the "Motion to Expedite," ensure you clearly outline:
- Your immediate financial hardship.
- The delay's impact on your child.
- Supporting documents like bills or proof of unemployment.
You’ll also need to serve a copy to your ex or their attorney. Have you filed motions before, or need guidance on procedural steps?
- Your immediate financial hardship.
- The delay's impact on your child.
- Supporting documents like bills or proof of unemployment.
You’ll also need to serve a copy to your ex or their attorney. Have you filed motions before, or need guidance on procedural steps?
I need help with the procedural steps. I can send you the docket
I cannot review documents like dockets, but I can guide you through the procedural steps to file a "Motion to Expedite" in Florida:
- Draft your motion with case details, urgency, and reasons for the request.
- Attach supporting documents (e.g., proof of unemployment, bills).
- File it with the Clerk of Court.
- Serve a copy to your ex or their attorney.
Have you contacted the Clerk of Court for filing instructions specific to your county?
- Draft your motion with case details, urgency, and reasons for the request.
- Attach supporting documents (e.g., proof of unemployment, bills).
- File it with the Clerk of Court.
- Serve a copy to your ex or their attorney.
Have you contacted the Clerk of Court for filing instructions specific to your county?
Yes I have contacted them multiple times. They refuse to give me any guidance or even let me know if I am filing the documents correctly or in the correct order as they cannot give legal advice
I understand your frustration. While clerks cannot provide legal advice, you may want to:
- Ensure your "Motion to Expedite" includes the necessary case details and supporting documents.
- Contact your county’s family law self-help center for procedural guidance.
- Attend any hearings scheduled for the magistrate.
Would you like information on self-help resources in Florida?
- Ensure your "Motion to Expedite" includes the necessary case details and supporting documents.
- Contact your county’s family law self-help center for procedural guidance.
- Attend any hearings scheduled for the magistrate.
Would you like information on self-help resources in Florida?
yes
In Florida, self-help centers can assist with procedural guidance for family law cases. You can visit or contact your local center to get help with filing and motions.
Website: www.flcourts.org/Resources-Services/Family-Courts/Family-Law-Self-Help-Center
Would you like me to locate a specific self-help center in your county?
Florida Courts Family Law Self-Help Center
Website: www.flcourts.org/Resources-Services/Family-Courts/Family-Law-Self-Help-Center
Would you like me to locate a specific self-help center in your county?
I need help filling out the motion and what info to include. Can you help me with that?
Certainly! Here’s a general guide on what to include in a "Motion to Expedite" in Florida:
- **Case Caption**: Include the court name, case number, and parties involved (you and your ex).
- **Title**: "Motion to Expedite Proceedings."
- **Introduction**: Briefly state your request to expedite the case due to urgent circumstances.
- **Background**: Explain your current situation (e.g., job loss, financial hardship, delay in magistrate review).
- **Reasons for Expediting**: Highlight the immediate impact on your child’s needs and your inability to meet basic expenses.
- **Request for Relief**: Clearly ask the court to prioritize and expedite your case.
- **Supporting Documents**: List attached evidence (e.g., unemployment proof, bills, proof of ex’s financial support for another child).
Remember to sign the motion, include your contact information, and serve a copy to your ex or their attorney. Would you like assistance finding a template?
- **Case Caption**: Include the court name, case number, and parties involved (you and your ex).
- **Title**: "Motion to Expedite Proceedings."
- **Introduction**: Briefly state your request to expedite the case due to urgent circumstances.
- **Background**: Explain your current situation (e.g., job loss, financial hardship, delay in magistrate review).
- **Reasons for Expediting**: Highlight the immediate impact on your child’s needs and your inability to meet basic expenses.
- **Request for Relief**: Clearly ask the court to prioritize and expedite your case.
- **Supporting Documents**: List attached evidence (e.g., unemployment proof, bills, proof of ex’s financial support for another child).
Remember to sign the motion, include your contact information, and serve a copy to your ex or their attorney. Would you like assistance finding a template?
There is nothing titled motion to expedite proceedings.
In Florida, while a "Motion to Expedite Proceedings" isn't explicitly titled in court rules, you can still request an expedited review by filing a general motion. You could title it “Emergency Motion to Expedite Review” or similar. Clearly outline:
- **Case details** (case number, parties involved).
- **Reason for urgency** (e.g., financial hardship).
- **Relief requested** (e.g., faster hearing date).
Would you like assistance locating a sample motion template?
- **Case details** (case number, parties involved).
- **Reason for urgency** (e.g., financial hardship).
- **Relief requested** (e.g., faster hearing date).
Would you like assistance locating a sample motion template?
What about this can i file this?: MOTION FOR TEMPORARY SUPPORT, TIME-SHARING, AND OTHER
RELIEF WITH DEPENDENT OR MINOR CHILD(REN) (*/*
In Florida, you can file a "Motion for Temporary Support, Time-Sharing, and Other Relief with Dependent or Minor Child(ren)" if you need immediate relief for child support or time-sharing issues. Ensure you:
- Include current financial details and hardship.
- Provide evidence supporting your claims.
- Serve it to your ex or their attorney.
Would you like guidance on where to find the form or filing process?
- Include current financial details and hardship.
- Provide evidence supporting your claims.
- Serve it to your ex or their attorney.
Would you like guidance on where to find the form or filing process?
Can you help me fill it out?
I can provide a general outline on how to complete the "Motion for Temporary Support, Time-Sharing, and Other Relief with Dependent or Minor Child(ren)" in Florida. Here’s what to include:
- **Case Caption**: Include the court name, case number, and parties involved.
- **Section on Financial Hardship**: State your unemployment status, financial hardship, and inability to meet basic needs.
- **Relief Requested**: Specify the support you’re requesting (e.g., increased child support, temporary alimony).
- **Evidence**: Attach proof of unemployment, bills, and evidence of your ex’s financial situation (if relevant).
Would you like help finding the specific form for your county?
- **Case Caption**: Include the court name, case number, and parties involved.
- **Section on Financial Hardship**: State your unemployment status, financial hardship, and inability to meet basic needs.
- **Relief Requested**: Specify the support you’re requesting (e.g., increased child support, temporary alimony).
- **Evidence**: Attach proof of unemployment, bills, and evidence of your ex’s financial situation (if relevant).
Would you like help finding the specific form for your county?
I also filed a motion for contempt on a separate matter he is not abiding by on our agreement. He has not responded or acknowledge it. What is the next step for me to ask for the judge to review or grant it?
In Florida, if your ex has not responded to your motion for contempt, you can:
- File a **Motion for Default** if the response deadline has passed.
- Request a **hearing** on your motion for contempt to bring it before the judge.
Have you checked with the clerk if a hearing is scheduled or a response deadline has passed?
- File a **Motion for Default** if the response deadline has passed.
- Request a **hearing** on your motion for contempt to bring it before the judge.
Have you checked with the clerk if a hearing is scheduled or a response deadline has passed?
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