Family Law (Divorce, Family Relations)/child support modification
My ex-husband has recently filed for a downward modification. He In 2011 he was granted lower child support due to time sharing. He has recently been demoted for misconduct and has now filed for a downward modification. My question is, is he able to get another modification since he was demoted for misconduct on his behalf. We currently reside in the state of Florida. I was told there was a statue on this however I was unable to locate this. Could you please inform me where I can find this information? ALso, I would like to know can Child activites, school tuition for the child going to private school be incorporated into our child support case? Thank you for your time and any information that you can provide in regards to this..
Hi Sheila, a modification of child support or alimony for that matter can be obtained if the has been an unanticipated, substantial and permanent change in circumstances that would justify the requested modification. Pursuant to case law the change must also be involuntary. As an example an over the road trucker received a DUI conviction and as a result of that conviction lost his license and could therefore no longer perform his duties as a over the road trucker. As such he sought a downward modification of child support based upon his reduction in income. The trial court denied the modification and the appellate court affirmed the trial courts decision siting to the fact that the change in circumstances was not unanticipated and caused by the father's own wrongdoing. Sorry but I do not recall the name of the case, but there are a few out there that are similar.
As for school tuition, if the child was attending private school at the time the parties separated and it was shown that the tuition could still be paid by the parties after the dissolution then the tuition can be ordered and would become a species of child support. If you are seeking to have the school tuition included after the initial dissolution or child support order you would have the burden of proof to show the substantial change in circumstances that gives rise for the need of private school.
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Daniel Bachert, Esq.
The Bachert Law Firm, P.A.
330 Clematis Street, Suite 222
West Palm Beach, Florida 33401