Saint Petersburg, FL asked in Family Law for Florida

Q: ex filed a modification to reduce child sup, if he has had the same 2 jobs since before child was born will judge allow?

My ex tried taking me to court about 8-9 yrs ago... he has free attorneys that he barters with. I get screwed every time as I had to pay attorneys.... thus causing me to file bankruptcy to fight it... last time, 8-9 yrs ago, he was also trying to change visitation.... His lawyer at that time stopped working for free because he got sick, the case never finished and nothing was ever changed in visitation or the reduction of child support. So now, he has filed again to reduce, my child is almost 17. He has the exact same 2 jobs, one is part-time where I get the support from, the other is his own business which they cant prove income on. He thinks he can get rid of the Arrearage, and reduce the payments, and now I saved all my paperwork over the years, I could probably file enough papers to drag this out til she is 18. If a judge sees that he has same exact 2 jobs, and he added another kid, and he still has his house, will judge look at the facts of the same 2 jobs? what about arrears?

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2 Lawyer Answers
Robert Jason De Groot
Robert Jason De Groot
Answered
  • Deltona, FL
  • Licensed in Florida

A: You need much more than answers to basic legal questions. You need specific legal advice to your circumstances. Past due child support is the vested right of the child in Florida. In order for there to be a reduction in child support, there must be a substantial decrease in his income that is involuntary and permanent, basically. Through discovery an attorney for you will learn about all the discrepancies in his financial circumstances and will be able to show them as incredible. People frequently state things on their financial affidavits which turn out to be unbelievable, and it is a true art to conduct a trial.

John Arthur Smitten
John Arthur Smitten
Answered
  • Clearwater, FL
  • Licensed in Florida

A: Question not clear. If she makes less then generally she will pay less.

Use of a lawyer is recommended.

John A. Smitten, Esquire

Carey Leisure and Neal

622 Bypass Drive, Suite 100

Clearwater, FL 33764

Phone: 727-799-3900/Fax: 727-490-4944

jsmitten@careyandleisure.com

www.careyandleisure.com

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