Financial Affidavit Not Filed

by Stacy from Panhandle, Florida

I filed a pro-se Modification for Child Support which was served to my ex on October 19, 2011.

We were just divorced in April but he took a government contractor job at triple the salary we mediated on 2 weeks after our divorce finalized.

One of our daughters was just diagnosed with autism which increases my costs for her care.

He hired an attorney who filed an answer to my Modification BUT hasn't filed his financial affidavit.

How many days does he have to provide me the financial affidavit so I can complete the Child Support Worksheet and ask for a hearing?

*Please note his attorney "denied" most of my modification, if that makes a difference.

Answer to Florida Child Support Question

Dear Stacy,

A current financial affidavit must be filed in any child support proceeding by both parties.

Parties normally have up to 45 days to file their financial affidavits.

The Child Support Guidelines Worksheet requires full financial disclosure to be completed properly, and a financial affidavit is a necessary part of "full financial disclosure."

Denying most if not all of the paragraphs in the petition is not unheard of, and can be regarded as a courtroom tactic. Whether or not these denials are legitimate is up to the judge to decide.

I would suggest you seek legal advice immediately. Prepare yourself first with a list of questions and write everything down.

If you decide to continue Pro Se, the more you know about child support law, proceedings, and options, the better off you will be.

Even if you are in the "right", this does not necessarily mean you will win your case but it does help.

Seriously though, you should get legal advice without delay.

Pro Se litigants are at a distinct disadvantage when up against a represented opponent.

Have a look at the following pages for more information about child support modifications and financial affidavits....

Change Support Payments - Another Child

Financial Affidavit - Florida Divorce

Child Support Motion To Intervene

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