Request o modify parent plan and Child Support

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Old Jan 6th, 2010, 08:43 AM   #1
troutette
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Default Request o modify parent plan and Child Support

What is the name of your state (only U.S. law)? FL

My final judgment doesn't say how child support was calculated. All I do know is that I was unemployed at the time. Since that time (4 years ago), I have worked jobs, on and off (full-time and self-employed). In the last six months I have hot no income from self-employment. Work totally dried up and I have been actively searching for full-time, outside employment.

I was offered a full-time position two months ago but had to decline the offer because my ex (NCP) refused to keep my daughter an extra 30 minutes two times a week. He said it was not his problem and to "knock myself out" going back to court to change it. My ex-attorney sent a letter to his attorney asking that we try to mediate this issue. Two months have gone by and there has been no reply from him.

Also, what happens if I am offered small self-employed projects during the time waiting for judge to hear case? How would I file a notice to the court to show this change or is it necessary? Financial Affidavit and Child support guidelines have not yet been filed?

I have been living off loans and gifts from family and friends.

I have since filed a petition to modify time-share plan Pro Se. Would like court to award this extra time should another offer be made for full-time work conducive to a regular business day (9-530). Will the judge offer this time as a "blanket" time since I already had to turn down a job and could very well be offered another job?

I also filed a motion for temp increase in child support until I secure a position and also a sum for partial lost wages due to NCP's refusal to work with me on those extra few minutes 2 times per week.

Am I asking for the impossible? Will the court see him as being so unreasonable as to refusing not to work on those few minutes so I could take a full-time position and grant me the changed schedule and request for temp support?

Last edited by troutette; Jan 6th, 2010 at 08:52 AM. Reason: forgot question
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Old Jan 6th, 2010, 09:06 AM   #2
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Default Re: Request o modify parent plan and Child Support

Regarding the fact of increase in child support I wish to inform you that in Florida after a period of three years you can apply for increase in child support. As regards the change in time of custody of child the first thing to be kept in mind is the welfare of the child. Further, the Court will decide after listening to the arguments of both the parties. You will have to show that your job is essential for you to earn and which in turn is needed for the better development of child and it is in child's best interest, whereas, the father can make adjustment without much of a loss.

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Old Jan 6th, 2010, 09:47 AM   #3
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Default Re: Request o modify parent plan and Child Support

Well, I certainly believe that making more money to support her would be in her best interest.

The judge won't put much bearing on the fact that he won't be reasonable with this request for an extra 30 minutes two times a week and hasn't responded to my request for mediation?
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Old Jan 6th, 2010, 10:58 AM   #4
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Default Re: Request o modify parent plan and Child Support

Child support is not based on the custodial parent's ability to take a job or not, or whether the custodial parent has been living off loans and whatnot. Child support is based on the non-custodial parent's ability to pay and what is reasonable for the cost of raising the child. This means that only child related costs are calculated in.

If he is on unemployment, you will not have any luck having his child support raised.

Is there nobody else you could have had babysit your child for that extra 30 minutes while you took that job? In this economy, turning down any job isn't going to look good for you if you take that information in front of a judge. Parents are both expected to financially support their children. It does not rest on only one parent.

You will not succeed in forcing him to be a better parent (i.e. helping you out by taking his child an extra 30 minutes). You will only succeed in making the relationship that already exists between the two of you even worse.
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Old Jan 6th, 2010, 01:05 PM   #5
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Default Re: Request o modify parent plan and Child Support

The judge may well want to know why you didn't hire a sitter for those time periods? Even a high school girl could have done it very cheaply and been happy for the money as well.

You cannot blame NCP for this.

You are as financially responsible as he is for your child. Start acting that way.
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