FL Mod CS? Husband term'd what to do w/CS?

[newwifefl]

What is the name of your state? FL

Hi All,

You've been very helpful in the past and hoping can give some advice with new situation. My husband pays substantial amount of CS for two children, one of which will be 18 in a few weeks.

He was term'd from his job this week after 9 yrs. The reasons were many and varied. An emotional blowup with the owner but the technical reason seems to be mainly violation of company policy.

He's only been unemployed once in 24 yrs so not sure how all this works.
Not sure if he'll even get unemployment for that reason. But the bigger issue is what to do about his CS. I know he should file a modification. But what should he state on it? Needs to be reduced to some portion (40% you've advised me before) of unemployment until he finds a job? His ex is very aggressive, so he just needs to file proper policy to deal with her just not sure what that is? Will the judge reduce his CS to 40% of unemployment income in the interim or what?
The form also asks the question, "this is in the best interest of the children because...?" I don't understand how to answer given the circumstances.

Is he suppossed to file the mod with the court and also send it to his ex-wife?
Any advice is appreciated. Thanks.

 

[CourtClerk]

Whatever state holds the order is where it needs to be modified.

 

[lwpat]

Child support stops at 18 or when the child finishes high school. What is the status of this child? He needs to find another job and/or file for unemployment. If it was a verifiable violation of company policy he may not get unemployment. I would wait until you know the results to file for a modification. He may be considered to be voluntarily unemployed and that means no modification.

 

[newwifefl]

Thank you so much. Can you tell me that if he does qualify for unemployment what do the courts usually do with the CS obligation while one is unemployed?

 

[Gracie3787]

Thank you so much. Can you tell me that if he does qualify for unemployment what do the courts usually do with the CS obligation while one is unemployed?

Since the eldest child will be 18 in a few weeks, he can put that on the modification as the reason. If he wants, he can mention that his employer terminated him, but he really doesn't have to list that if he chooses not to. The income situation will be worked out in court and it's possible that he'll have another job by then anyway.

Usually at least 30% to 40% of any unemploynent benefits is automatically garnished by the state. Read the court order, it most likely states the percentage somewhere in there. If he doesn't get unemployment he needs to make some kind of regular payments, even if it isn't very much. Usually while a modification is pending and the DOR knows of an unemployment problem, they won't take extreme measures to enforce. But, that is only as long as some kind of weekly "good faith effort" payments are made.

 

[fairisfair]

Child support stops at 18 or when the child finishes high school. What is the status of this child? He needs to find another job and/or file for unemployment. If it was a verifiable violation of company policy he may not get unemployment. I would wait until you know the results to file for a modification. He may be considered to be voluntarily unemployed and that means no modification.

wow, you can read their court order from there???

 

[lwpat]

SJ lent me his crystal ball.