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custody modification/ child support motion to strike notice help

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krma427

Junior Member
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.
 


CJane

Senior Member
Please quote exactly what your order says regarding the prepayment of CS, as well as the payment of child support beginning in 2014.
 

krma427

Junior Member
Please quote exactly what your order says regarding the prepayment of CS, as well as the payment of child support beginning in 2014.
"Beginning February 1, 2014 the Husband shall pay child support to the Wife, subject to modification based on the parties' respective incomes at the time."
 

krma427

Junior Member
"Beginning February 1, 2014 the Husband shall pay child support to the Wife, subject to modification based on the parties' respective incomes at the time."
"The Husband shall pay child support in the amount of $600 / month"

The payments I started making in February were made using the child support guidelines worksheet and what I could afford the payments I make are around 345/ month.

The divorce decree was very loosely worded.
 

Ohiogal

Queen Bee
"The Husband shall pay child support in the amount of $600 / month"

The payments I started making in February were made using the child support guidelines worksheet and what I could afford the payments I make are around 345/ month.

The divorce decree was very loosely worded.
Did you file the motion to modify child support properly? What reason was given by opposing counsel to strike your motion? Did you file for an administrative modification or a court modification?
 

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