Child support modification

[decorrigan]

What is the name of your state (only U.S. law)? FLORIDA
My ex has filed for a modification of child support through an atty and has served me. We have since agreed to a lower weekly amount (but his atty isnt having it for whatever reason). What can we do - I told him to ask his atty to file a motion to withdrawl and we can file a stipulated agreement ourselves.
if he does fire his atty. SHould he then file a motion to dismiss his petition or should i file my answer then follow up with a sipulated agreement?
Please advise - thank you!

 

[Just Blue]

What is the name of your state (only U.S. law)? FLORIDA
My ex has filed for a modification of child support through an atty and has served me. We have since agreed to a lower weekly amount (but his atty isnt having it for whatever reason). What can we do - I told him to ask his atty to file a motion to withdrawl and we can file a stipulated agreement ourselves.
if he does fire his atty. SHould he then file a motion to dismiss his petition or should i file my answer then follow up with a sipulated agreement?
Please advise - thank you!

I would advise your ex to continue on with his attorney and for you to show up in court ready to signoff on the agreement. Why is it so important to you that the attorney not be involved??

 

[decorrigan]

I would advise your ex to continue on with his attorney and for you to show up in court ready to signoff on the agreement. Why is it so important to you that the attorney not be involved??

Thank you for your advice. Actually, its not that its important to me. I agreed to the modification and said have her send me the paperwork.
He wants to continue with out the excessive cost of an attorney when he found out that I was not going to fight it.

 

[latigo]

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

My ex has filed for a modification of child support through an atty [sic] and has served me. We have since agreed to a lower weekly amount (but his atty [sic] isnt [sic] having it for whatever reason). What can we do - I told him to ask his atty [sic] to file a motion to withdrawl [sic]and we can file a stipulated agreement ourselves. if he does fire his atty. SHould [sic] he then file a motion to dismiss his petition or should i file my answer (?) then follow up with a sipulated [sic] agreement?

Please advise - thank you!

He DOES NOT NEED to have his attorney formally withdraw as counsel of record. All that is required is for him to file a notice with court that he is appearing pro se in substitution of his former attorney of record. Then he can stipulate to anything he desires. (Which does not necessarily mean that the court will approve the reduction in child support.)

But curiously I would like you to direct my attention to anything in the Florida Rules of Civil Procedure or Court Rules - state or local - that require you as the respondent to file a written "answer" to his motion for modification.

Perhaps it is so, but normally a motion is not treated the same as pleading. For example the failure to respond in writing to a motion does not, per se, entitled the moving party to an order as requested in the motion. In other words, you shouldn't be held in default for not submitting a formal response to the motion nor denied the right at the time of the hearing to cross-examine, submit evidence and argument in resistance to the granting of the motion.
__________________________

[SUP]Also, the phrase "stipulated agreement" like living and dying in LA is redundant. And please don't help your children with their spelling lessons.[/SUP].

 

[decorrigan]

Thank you for your helpful response.

it is actually a supplemental petition for modification and
the summons says I have 20 calendar days to file a written response...

Thank you also for the helpful comment about my spelling error and misuse of the term stipulated agreement

He DOES NOT NEED to have his attorney formally withdraw as counsel of record. All that is required is for him to file a notice with court that he is appearing pro se in substitution of his former attorney of record. Then he can stipulate to anything he desires. (Which does not necessarily mean that the court will approve the reduction in child support.)

But curiously I would like you to direct my attention to anything in the Florida Rules of Civil Procedure or Court Rules - state or local - that require you as the respondent to file a written "answer" to his motion for modification.

Perhaps it is so, but normally a motion is not treated the same as pleading. For example the failure to respond in writing to a motion does not, per se, entitled the moving party to an order as requested in the motion. In other words, you shouldn't be held in default for not submitting a formal response to the motion nor denied the right at the time of the hearing to cross-examine, submit evidence and argument in resistance to the granting of the motion.
__________________________

[SUP]Also, the phrase "stipulated agreement" like living and dying in LA is redundant. And please don't help your children with their spelling lessons.[/SUP].