Saint Petersburg, FL asked in Child Support and Family Law for Florida

Q: Desperate for justice ! I need enforcement and modification- I am now in FL divorce was in AL.

My ex husband (prior military) got out of the military during divorce to avoid pay being garnished. (He always said he Refuses to pay me to raise our kids). So his CS was based off min. Wage for 3 special needs children. He took everything we owned in the divorce (before finalized). I moved to Fl (home) and got a job for $10/hr (fasted job I could) and raise 3 special needs boys on almost nothing. Cost of living is more than double what AL is. My ex has not seen or spoken to his kids since the divorce , 7 years, and only ordered $400 a month for 3 kids which he hardly pays. He is never in trouble for not paying, he paid 2 times last year. I hardly put food on the table and lost my job due to my sons health. I struggle! Can’t provide ! I requested a modification and told the judge my situation and it was denied!!! I pay $1400 rent for a 3/1 and I only get $2000 a month! I can’t get help! I can’t even work now! How can I get help with increasing and enforcing ?? Please! I need help!

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1 Lawyer Answer
Jean Richardson
Jean Richardson
  • North Miami, FL
  • Licensed in Florida

A: Did you register the child support order in FL? If yes, the Department of Revenue should have garnished his wages if he has a job/income deduction order. The amount of child support is going to be based on his income. If he is only making minimum wage, you are not going to get much regardless the amount of children that you have. I'm so sorry that you are dealing with this. Unless there is an exceptional change in circumstances, the court will not change the ordered amount. If you are aware that he has a better job and making much more than when the child support was calculated, that can be an exceptional change in circumstances. If you are collecting any state support, the DOR should be going after him. Good luck!

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