DianeJanay said:
Florida--
Thank you all for the response.
I contacted DOR and asked what needed to be done, because I want no surprizes. I was told that the NCP had requested a modification for reduction because of our oldest child turning 18 and his income was lower and it was denied.
The information I received was as follows:
*Because my papers state "When the children turn 18 child support stops" and since we have 2 other children it doesn't stop until the last one turns 18.
*It would not be lowered even though he makes less money because he has a teaching degree and has a state cert. through the prison system and chooses to work a lower paying job.
Is this correct? Or did I just get a cust. serv. rep that didn't know what she was talking about.
No, that is not correct. However you spoke to either didn't really know, or the NCP has been royally screwed by DOR (not surprising).
A law passed last year does allow DOR to ESTABLISH CS orders, but DOES NOT give them the power to modify orders.
Florida law is that CS ends at age 18 (or later if child is still in high school with reasonable expectation of graduation before age 19).
If there are more than 1 child- as each child reaches the age of majority, a modification of support is needed.
It is the DOR/CSE's RESPONSIBILITY to FILE (with court) for the modification. (This is what 3 different Judges told the DOR represenitive in court in my husband's CS case-9th and 10th circuits)
The NCP needs to file for modification and ignore what DOR said, because they are wrong.