Q: Will a magistrate adjust child support at a hearing after a new parenting plan was agreed upon with more overnights?
My ex filed a Petition to Determine Paternity & Related Relief. There's a support order in place since August 2017 but no parenting plan so overnights are not included in the support order. We met with a mediator and agreed on a parenting plan that gives me 134 overnights per year. We both filed a financial affidavit and her net income has increased significantly since the original order went into place. I received a petition for us to appear before a magistrate on 1/14. This is in Florida.
1. Will the magistrate discuss or adjust child support at this hearing due to the parenting plan giving me more overnights and her net income being more OR should I file a Modification of Child Support?
2. If I should file the modification, when should I do it? She is currently on maternity leave. I know if I file it now she will file a new affidavit stating she has no income. She is due to return to work beginning of January. Should I wait until then?
A: You need to read the paper carefully that tells you to come on January 14. It should say specifically what will be addressed by the court. If it does not mention child support then you should probably file the modification right away. The court will look at her ongoing regular income, not zero because of maternity leave, so the there is no reason to wait.
A:
You probably need to file to modify or supersede the order from 2017. It is very possible that child support will not be heard in January as it would only be heard if someone has already requested the child support be adjusted. Child support mistakes have consequences for many years, so I suggest discussing this with an attorney.
Good luck.
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