To try and summarize a complex case. I filed for modification of parental responsibility/visitation due to denial of visitation in October 2011. I was originally divorced in 2006. The original divorce decree states visitation is to be upon reasonable request and if denied I have the right to petition the court. Also in the divorce decree I pre paid child support for 9 years. I was to begin paying child support february 2014. The amount was set at $600 for one child. In the divorce decree it states I am to start paying this amount in Feb. of 2014 subject to modification based on the parties respective incomes at the time.
Since I had filed modification of visitation in 2011 the case is still ongoing and open to this date. February 2014 came and went I payed monthly what I could afford based on what florida child support guidelines recommend based on our incomes at that time. I had an attorney that was misrepresenting me and refused to file the modification of child support for me in february 2014. I recently had to fire this attorney for misrepresentation. After I fired him I filed for the modification of child support on my own. Keep in mind the visitation modification case is still open. I received a motion to strike my motion for modification of child support and to pay attorneys fees for this filing.
I am wondering if I am not allowed to file for the modification of child support while the visitation modification is still open? If this is the case why not because my divorce decree states I have the right to modify child support at the time based on parties incomes and I can not afford to continue to wait until the other hearing is over and go in rears with child support any longer I can not afford the amount that is currently in place.
How do I respond to the motion to strike.
Since I had filed modification of visitation in 2011 the case is still ongoing and open to this date. February 2014 came and went I payed monthly what I could afford based on what florida child support guidelines recommend based on our incomes at that time. I had an attorney that was misrepresenting me and refused to file the modification of child support for me in february 2014. I recently had to fire this attorney for misrepresentation. After I fired him I filed for the modification of child support on my own. Keep in mind the visitation modification case is still open. I received a motion to strike my motion for modification of child support and to pay attorneys fees for this filing.
I am wondering if I am not allowed to file for the modification of child support while the visitation modification is still open? If this is the case why not because my divorce decree states I have the right to modify child support at the time based on parties incomes and I can not afford to continue to wait until the other hearing is over and go in rears with child support any longer I can not afford the amount that is currently in place.
How do I respond to the motion to strike.
