Tampa, FL asked in Child Support and Family Law for Florida

Q: So I need to submit evidence at a Default hearing on a Petition to Modify Child Support?

My ex was served and never responded to my petition to modify child support. A Clerks Default was issued against him on May 3 (he was supposed to respond by April 1) and a hearing on the default has been set for early July.

I have already filed and served my financial affidavit, and certificate of mandatory disclosure to the court and to him. I do have copies of his pay check stubs that, he sent me in January which show the substantial increase in his income which is why I filed to Modify Support. Do I need to file his paycheck stubs with the court for the hearing? Or since it’s a default hearing do I need not file any evidence?

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1 Lawyer Answer
Vanessa Vasquez de Lara
Vanessa Vasquez de Lara
  • Miami, FL
  • Licensed in Florida

A: The Default simply is him not disputing what you alleged in your petition. You need to, if possible, provide evidence for what the change in child support should be. So yes, you should definitely file your evidence for the hearing. Normally financial documents are not filed on the docket, but with Zoom hearings, evidence is now filed with a Notice of Evidence Exhibit.

You may want to get an attorney or contact the Self Help department of your courthouse to prepare for the hearing.

Good luck!

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