Family Law (Divorce, Family Relations)/child support modification
QUESTION: I was divorced in MASS, my ex and children live in Florida now. I became layed off and am told the modification has to be filed in Florida? Everywhere I research on the Internet it says only the juristition where the orders were made can make a modification?
I am confused
Also my daughter has not lived with nor spoke to her Mother in over 2 years yet the child support still goes to the mother? Can I do anything about that?
ANSWER: Hi Shawn, if your support order is based out of Mass and Florida has not taken jurisdiction over the case since the Final Judgment was issued and you still reside in Mass then you will need to file for the modification of child support in Mass. Both your employment situation and the current residence of your daughter would be causes for a modification of the existing order.
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. Additional information may be obtained on our web site listed below.
Daniel Bachert, Esq.
The Bachert Law Firm, P.A.
330 Clematis Street, Suite 222
West Palm Beach, Florida 33401
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QUESTION: I do not understand what you mean by Florida taking over jurisdiction?
My child support was taken from my MASS pay and sent to CA where it was disbursed . I think it was called Intstate or something similiar?
My case worker is telling me that since my ex lives in Florida, Florida is where I need to file for modification. I cant afford a lawyer know that I am unemployed, I receive 677 a week and child support is talking exactly 1/2 a week. I guess I have to follow advice from my case worker who says it has to be modified in Florida, although he was the same case worker that said nothing could be done about my child not living with her mother, he claims the support still goes to the mother and he also told me child support would take 30 percent not 50 percent. I wish he knew his job a little better.
I'll assume the child support was being redirected to CA because the children and mother were living there at some point. If no other court in any other state has entered an order modifying or otherwise enforcing the final judgment or more specifically the child support portion of that final judgment then the state that issued the final judgment has continuing jurisdiction until it relinquishes the same by motion of a party or the court itself. So if Mass is the state that entered the Final Judgment then Mass still has jurisdiction. Case workers are generally not attorneys and should not be relied upon for legal advice.