Family Law (Divorce, Family Relations)/Child support
In the final divorce in Florida the non custodial parent waived the gross up method, and now that individual want to reduce child support based on the time spent with the child. My understanding was that since the gross up method was waived it didn't matter how much time was spent with the child. Also my understanding was that this cannot be changed unless the custodial parent agrees to it.
Hi Lisa, the actual language of the waiver, as included in the final judgment, would need to be reviewed to determine its effectiveness. Suffice it to say however, if there has been no other change in circumstances that would justify a modification of the child support and the current time sharing agreement was in effect at the time of the final judgment then the modification action should be dismissed for failure to allege a proper unanticipated and substantial change in circumstances justifying the requested modification.
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Daniel Bachert, Esq.
The Bachert Law Firm, P.A.
330 Clematis Street, Suite 222
West Palm Beach, Florida 33401