Thank you both for taking the time to reply to my questions. I do appreciate that. LDIJ, I'm a loan officer and I completely understand every aspect of my earnings, tax returns and business expenses. I can't be in my profession if I don't understand my own scenario. I said in the post that I was naive to the way child support was calculated. It's not like my attorney sat me down in front of the his computer with the lawyer's worksheet on the screen and said ok, "here's how we fill in this spot and here's what goes in this spot and by the way, I have software that calculates the actual amount you should be paying as Head of Household with such and such exemptions." In not even in FL to sit down with him, I'm in PA. I'm sure you get what I mean.
My attorney gave me his Financial Affidavit to complete that was printed off his computer from his office. This is not the same Financial the Supreme Court uses. On my attorney's Financial, the first line says GROSS WAGES OR SALARY. I put zero since I'm commission only. The second line says BONUS, COMMISSION, OR TIPS. I put my W-2'd earnings next to that line. No one at his office instructed me to put commission less business expenses so therefore I didn't. I'm a residential branch manager and licensed in my own name to do mortgages. I'm under a Corp umbrella so they pay 1/2 OASDI. I am required to pay 100% of all expenses to write loans. Honestly, I really do have a grip on my income and expenses.
Rmet...I know you took the time to respond now and in the past. Just to clarify, I'm not from FL. My ex and I were separated while he was stationed in Turkey, him there and me in PA, my home of record. Once he came back to the states, I moved with him to FL w/ 3 kids due to his military Orders. We got a divorce and I got custody of kids. After 3 years and him living 5 minutes from my home, he Filed for full custody. I had 21 days to retain an attorney and absolutely, 100%, could not come up or did I know anyone that would loan me 3k to retain a custody attorney. I spoke to 2 firms for a free consultations and both lawyers told me to just let him have primary residence because if it goes to court it will be drawn out with school interviews, supervisor interviews, etc. and if he happened to win, he'd get 1800.00 per month from me in support and I was only earning under 50k at that time. I agreed to let the children live with him and he agreed to let me see them whenever I wanted. I never got the children removed and never lost them in a Hearing, it was a mutal agreement and he was basically my neighbor. I was backed into a corner and didn't have support in FL or by family in PA to do anything about it.
I filed for modification of custody in 2003 not because ex was unfit but because there was a substantial change in circumstance, he was attempting an almost did alienate my children and it was in their best interest to move back with me as my relationship with them was being deteriorated by him and his new wife. I could go on for hours on everything he said and did but I won't. My ass got nailed to the wall when he lied through his teeth on the Psych Eval and the children did too because they were afraid of telling the truth they told me after the fact. Yes, they admitted to lying to the evaluator. His current wife lied too saying he was not abusive and didn't have a drinking problem.
Now, I come to find out there is no requirement to prove detriment any longer in FL and there absolultely is a substantial change in circumstance and I am more than likely going to get these children back. I just want to know how long the Motions can go on and on and how long my current Order for increased support can stay in place without be ruled upon before the DCA will drop my case? I just feel like I'm under a train and I've hired a lawyer to represent me and nothing is happening but me being found in Contempt. If I fire him and don't have the money to pay a new attorney a retainer fee of 3k, then what do I do. If I'm up XXXX creek, please just tell me. That way I will probably reconsider the 10k fee to Appeal and just fight the amout of ongoing support I have to pay to be lowered to the amount I actually should be paying according to Guidelines.