Visitation & Child Support
by Christina from Broward County, Florida
My daughter's father has been paying child support since June of 2000 and recently he moved back to
Florida after being in California for 10 years. Now that he sees our daughter on a regular basis he decided that he shouldn't have to pay child support anymore and stopped paying.
He is currently over $900 behind and his driver's license is being suspended. I received a summons in the mail today saying he is suing me.
I have 20 days to file a written request to the attached complaint/petition with the clerk of this circuit court.
He is claiming indigence and is petitioning for modification of child support. What form do I need and where do I start and can I download the form?
Answer to Florida Child Visitation Question
I'm impressed that his driver's license is being suspended when he is only $900 behind in support.
There are many people thousands of dollars behind in support still driving with a valid license.
The enforcement of child support through the Florida Department of Revenue is notoriously uneven.
One person will fall behind by $900 and lose his license; and another will fall behind by $20,000 and nothing happens.
You can respond to his supplemental petition for modification of child support within the 20 calendar day period with an Answer to Supplemental Petition
or a similar form.
Make sure that you include your financial affidavit. He should have also filed his financial affidavit. Both parents incomes are used to determine the correct amount of child support.
If the judge finds that he is refusing to work to support his claim of indigence, the judge can impute income. If you believe that he is not truthful on his financial affidavit, you can demand that he furnish other documentation to support his claim of civil indigence.
The family law judges and general magistrates have heard it all before. It is difficult to achieve a downward modification of child support. He has to prove that his income is lower than it was before, and that his current lesser income is permanent and involuntary. Notice:
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