Family Law (Divorce, Family Relations)/Chang of Custody for 15 Year Old to Joint
QUESTION: Me and my ex have been divorced since 98 and I first had custody and then gave up custody for reasons that benefited my daughter. Now she lives with me every other week. I currently pay my ex 500.00 a month and want to modify the arrangement. My ex is allowing the arrangement (for now that is) but I need to make this official as I don't feel I should pay child support anymore. He makes more money than me and we both work full time. Will he have to pay me support for a 50/50 arrangement and what is the difference between Agreed Order Modifying the Final Dissolution of Marriage or Final Order of Paternity.
ANSWER: Hi Kari, Yes there is a likelihood that he would be required to pay some amount of child support to you under a substantial shared time sharing arrangement. An Agreed Order Modifying the Final Dissolution of Marriage is just that, some order drafted by the parties and/or their attorneys that both parties stipulate to and the effect of that agreed order is to modify the language of the Final Dissolution of Marriage. An Agreed Order Modifying a Final Order of Paternity would be primarily the same with the exception that a Paternity Order is issued in cases where a child has been born to the parties but those parties have never married.
I hope this information was helpful to you, if it was, please do me the courtesy of rating it. Please be aware and advised that this public forum is designed to provide only general information, to give you a basis of legal knowledge. This public forum does not give you attorney-client privilege. You and I have not entered into an attorney-client relationship. I am not responsible for your legal rights and this answer is based solely on the information you have provided in your question and as always, I would advise that you arrange for an in person consultation with an attorney from my firm or another Family Law attorney familiar with Florida Family Law who can analyze the specific facts and circumstances of your case more closely to better advise you.
Daniel Bachert, Esq.
The Bachert Law Firm, P.A.
330 Clematis Street, Suite 222
West Palm Beach, Florida 33401
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QUESTION: Can I stop paying the child support at this point or do I have to keep paying until all is approved? I am planning on filing a motion for temporary support and time sharing with dependent minor children. If she is with me half the time now I feel I should not have to pay.
The agreed order should be done as quickly as possible and should indicate and inform/order the clerk and/or child support enforcement to adjust their child support ledgers as required. You may also want to consider filing a motion to abate your child support obligation based upon the current time sharing situation as well as filing a Petition to Modify the Final Judgment if you suspect that your ex will not cooperate in executing an agreed order of modification. To recalculate the child support you will need current net income figures for both yourself and your ex as well as the current cost of any health insurance policy obtained for the child. If you cease paying the child support unilaterally you risk being held in contempt or court with regard to the same.