clo12 said:
According to her she is still waiting for unemployment compensation (she is not a very honest person). CS was set at mediation, i am paying 100%, plus daycare and healthcare!! The midiator DID NOT impute any income to her (the state guidelines were used). Her income was set to 0 (zero)! I do not have an attorney.
Does your wife have an attorney?
Apparently your divorce isn't final yet, has a date for final hearing been set?
Can you afford an attorney? If not, contact the local Legal Aid office or get a low cost consultation thru the lawyer referral service 1-800-342-8011. You probably need an attorney to straighten this out.
If you have to continue to go pro-se research Florida Statutes, chapter 61 at
http://www.flsenate.gov/statutes/
It may be possible for you to file a motion objecting to the mediation agreement, or objecting during the final hearing. The agreement reached was NOT according to Fl. law at all:
1.Child care costs CANNOT be included into CS if custodial parent is unemployed, and not in school. Fl. Statute 61.30 (7). (You are wrongly being charged for daycare costs.)
2. In Fl. BOTH parents are responsible for the support of thier children. Fl. Statute 409.2551 and 61.14. (Your wife had been working, and is capable of working).
3. Income should have been imputed to your wife- Statute 61.30 (2)(b). your wife's unemployment is apparently voluntary because if she isn't getting unemployment after 2 months, that means that she probably doesn't qualify for it. ( If a person quits thier job or was fired for good cause, they don't qualify for unemployment).
I may be wrong, but I seem to remember reading something about being able to object to a mediation agreement within 10 days of service of it (before it's filed with the court) I believe it was in the Florida Family Law Rules concerning mediation. I don't have the web site address with me right now, but you can try going to
http://phonl.com/fl_law/rules/famlawrules/ to find a link to the Family Law Rules. And also the Civil Rules.
The other posters may be correct that imputing her income won't make a huge difference, however, it will make some difference and it's definately not fair or right for you to pay for daycare for a CP who refuses to work.
Good luck.
Gracie