Results 1 to 3 of 3
  1. #1

    Default Modification Hearing, What to Expect

    My question involves child support in the State of: Florida

    Originally, when support was hashed out during my divorce almost 10 years ago, I was ordered to pay a percentage of day care, and my ex-wife was ordered to pay insurance, split clothes costs, etc.

    Day care was only paid for two more years at the cost that was figured into my support.
    For the last 6 years, I have incurred all day care costs, out of my own pocket, in addition to the support that I pay, and now my child is on my insurance because his mother has changed jobs (and spouses) several times.

    I have maintained a friendly relationship with my ex wife for the last 9 years, (we call each night to tell my son goodnight wherever he is, we do events together for him, etc.)
    My current wife and her are friendly to each other, and my daughter with my current wife even refers to her as Auntie. But in the last 4 years, the time management has been reversed, my son is with us between 60-65% of the time, I have been paying for doctors visits, clothes, school items, etc. So I filed for a modification hearing (for the first time since our divorce.)

    I just would like to know what to expect at the hearing. I am not bringing an attorney with me (I was told a state attorney would be representing me since I petitioned?). But I am bringing a calendar showing the division of overnights for the last 5 years, pay stubs, tax returns, and day care costs. The only thing I do not have is itemized receipts of every single purchase made towards him (New Glasses, backpacks, shoes, clothes, etc.).

    My way of thinking is, I do not want my ex wife's money, and I am ok still paying support, I just want to make sure with all the changes the last few years that what I am paying is still fair, since he is in his teens and in middle school, it is getting more and more expensive to raise him (he plays sports and eats non stop, I swear he has hollow legs). And I would like my ex-wife to be as prepared as possible, she and I talked about this before I did it, I wouldn't say she was ok with it, but she was VERY understating that I was putting in the petition.

    A breakdown of the situation is below.

    -I pay $362/month ($262 in my divorce was to go to child care, at the time he was in private school)
    -Mother and I make roughly the same monthly income.. (I may make slightly more)
    -I now pay for insurance and most transportation to and from his mother's house.
    -Mother moved 2 counties away and incurs toll costs to get him from school (2-3 days a week. I incur any toll costs associated with getting him from his mother or taking him there.)
    -he is listed as living at My address and attends the school I am zoned for.
    -Any costs for clothing, food, medical, etc. I pay in addition to what she gets in support. He is not allowed to bring anything from his mother's house to our house. (clothes he wears have to be back to her within 24 hours or I get a phone call )

    Thank you for any advice.

  2. #2

    Default Re: Modification Hearing, What to Expect

    Florida has specific guidelines for child support; http://www.flsenate.gov/Laws/Statutes/2010/61.30

    What you pay for health insurance, day care, etc isn't going to matter, that was from what I can tell from your thread part of the divorce settlement.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Modification Hearing, What to Expect

    Child support is calculated by formula.

    Child care costs are divided and assessed on top of support.

    Insurance and child support transportation are normally addressed in the custody order.

    I'm not sure what, if anything, you're trying to ask in relation to clothing - were you just commenting on mom's unreasonableness? I somehow doubt that you're stocking her house with food, and it's no surprise that she's not sending bags of groceries to your house during visits.

    1. Sponsored Links
       

Similar Threads

  1. Initiation of Charges: Show Cause Hearing What to Expect
    By Bostonnative in forum Criminal Procedure
    Replies: 1
    Last Post: 07-22-2010, 11:39 PM
  2. What to Expect at a Show Cause Hearing
    By WhatGoesAround89 in forum Child Custody, Support and Visitation
    Replies: 11
    Last Post: 09-16-2009, 07:48 AM
  3. Adoption of Children: What to Expect at Hearing
    By loudgonzo in forum Adoption Law and Surrogacy
    Replies: 2
    Last Post: 07-22-2009, 01:57 PM
  4. What to Expect at Visitation Hearing
    By jersey chic in forum Child Custody, Support and Visitation
    Replies: 3
    Last Post: 07-16-2009, 07:06 PM
  5. Guardianship: What to Expect at a Hearing
    By pl0915 in forum Disability and Elder Law
    Replies: 1
    Last Post: 04-22-2009, 08:04 PM
 
 
Sponsored Links

Legal Help, Information and Resources