Q: when serving a summons for an increase in child support does the financial affidavit need to be included?
A: Your financial affidavit does not have to be served with the summons but it must be filed with the court before you can get a hearing on your motion to modify.
A: If you are seeking to modify a current child support order and are filing a petition for modification, a financial affidavit will need to filed in the case. Mandatory disclosures will also be required. Whether the financial affidavit needs to be filed at the same as the petition for modification, you will need to check the administrative orders in your court jurisdiction. By family law rules, it is required to be filed within a certain time frame in the case. However, in some jurisdictions within Florida, the Court has imposed stricter requirements by requiring it to be filed at the same time as the petition. That is, of course, only the Petitioner's financial affidavit at that time. The Respondent's financial affidavit is due within the required Family law Rules time requirements.
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