CS Changes in FL

[Lucyof3]

What is the name of your state? FL

2 years ago my husband and his ex signed a Custody Mod that awarded my husband appox. 45% overnights, and the ex 55%. FL has a 40% rule on the books that affects standard CS. My husband did consult with a few attorneys, but none were really willing to take our case to lower CS. We are currently paying full CS in addition to medical/ dental/ vision premiums and 65% of uncovered.

The ex has been stable for the past few years, and is working for the county. Presumably she's making more than she was at the time of the divorce 7 years ago. At that time she was a teacher's aide. My husband's income hasn't substantially changed. (he's making about 5k more now than then).

I've read and re-read the laws pertaining to our case, and am honestly at that head scratch point . Does any one here have any real world experience in FL trying to get CS lowered to reflect the agreed to Custody Modification?

Thanks!

 

[Lucyof3]

Shameless here... What about OTHER state experience? Any there?

The reason I ask is, this has become increasingly important as the increases of Home Owner Insurance (our's increased 125% this year! ) and taxes have taken their toll on us financially. Unfortunately, we can no longer absorb the higher CS as well as the astronomical increases in home insurance and property taxes. Something needs to give.

For anyone interested, we have the kids every other day (Mon and Wed) and every other weekend (Friday-Monday). We are 26 Monday overnights shy of 50%.


Thanks!

 

[fairisfair]

have you run the numbers through one of the online calculators to see if the amount is enough to warrant a modification? If it is, then you can file a petition for modification yourself.

 

[Lucyof3]

Yes, I've run the numbers, but my husband also consulted an attorney (actually 2). One ran the numbers and came back with us OWING money via an increase. I had to point out her numerous mistakes. Finally, came back with us getting a reduction, but STILL hadn't calculated the 40% rule into the equation, thus the resultant reduction was too little to warrant a trip to court. Keep in mind this was someone we were referred to, and came with GREAT reference. *insert lots of sarcasm* Welcome to the Banana Republic.

When we consulted with the second attorney, he agreed that we *should* get a (significant, 40%) reduction, but there was no real legal precedent for actually getting a judge to order it, regardless of the law currently in place in the FL Civil Code regarding the matter.

Without access to the case law, I'm at a loss to proceed. I'd be the one most likely doing the "leg work" and the actual filing, and, honestly, I don't want to spin my wheels if we will be shot down by a judge. But, I do find it interesting that the judge would totally dismiss the relevant section of Civil Code. I'm just confused. (which isn't all that unusual! )

 

[fairisfair]

I suggest that you try this form, it gives the mathematical formula to calculate the parenting time = $

http://www.flcourts.org/gen_public/family/forms_rules/902e.pdf

It is also a portion of the paperwork that you will have to complete to file for modification.

 

[Lucyof3]

Thanks Fair. I've done the worksheet, although we had to "assume" her income, since we have no way of really knowing what it is until we ask for the change. To be on the conservative side, we figured about $30k annually would be right. She works for the county as a secretary,we think. So, we are guessing a bit on her income, but we should be just about right based on her experience, etc. The income levels are available on line at the county site.

But, my concern is that a judge will NOT implement the request even though the Civil Code directly address this issue. Also, given that we've voluntarily overpaid for the past 2 years, that could come back to haunt us now, even though, legally, it shouldn't. Again, welcome to the BR.

Maybe it's time for us to just let the chips fall where they may. I don't know.

Thanks again.

 

[fairisfair]

Thanks Fair. I've done the worksheet, although we had to "assume" her income, since we have no way of really knowing what it is until we ask for the change. To be on the conservative side, we figured about $30k annually would be right. She works for the county as a secretary,we think. So, we are guessing a bit on her income, but we should be just about right based on her experience, etc. The income levels are available on line at the county site.

But, my concern is that a judge will NOT implement the request even though the Civil Code directly address this issue. Also, given that we've voluntarily overpaid for the past 2 years, that could come back to haunt us now, even though, legally, it shouldn't. Again, welcome to the BR.

Maybe it's time for us to just let the chips fall where they may. I don't know.

Thanks again.

Overpaying should not enter the equation. child support is based on numbers, mathematical computations, usually not much else. If the numbers support the modification then . . . . personally, I would go for it. but that is in no way legal advice, just my crazy go for it attitude.

 

[Lucyof3]

Just did the numbers again, and we'd get back about 50%. I think that is significant. Please keep in mind, we aren't trying to screw her or the kids, but, honestly, since they are here 45% of the time, overnight, we feed, clothe, house, etc just as much as she does. On top of that my stepdaughter will be getting braces this summer which will cost a BUNDLE! Luckily we have dental insurance, but that doesn't cover the entire cost, not by a long shot. We've also got another child (subsequent) that does figure into OUR finances, but won't be brought into the CS Mod.

Fair is Fair, right?

I think my husband is scared that she'll try to change the Modification if we try to open up this issue, but like I've told others, two different issues completely. We shall see what happens.

 

[fairisfair]

Just did the numbers again, and we'd get back about 50%. I think that is significant. Please keep in mind, we aren't trying to screw her or the kids, but, honestly, since they are here 45% of the time, overnight, we feed, clothe, house, etc just as much as she does. On top of that my stepdaughter will be getting braces this summer which will cost a BUNDLE! Luckily we have dental insurance, but that doesn't cover the entire cost, not by a long shot. We've also got another child (subsequent) that does figure into OUR finances, but won't be brought into the CS Mod.

Fair is Fair, right?

I think my husband is scared that she'll try to change the Modification if we try to open up this issue, but like I've told others, two different issues completely. We shall see what happens.

they are two totally separate issues and the court would see right through it if her only reason was to increase child support, same as they would have seen right through you, for the reverse. Your other child, does not enter into it either, as you pointed out. and yes, fairisfair, and I for one do not see anything wrong with you asking the court to readdress the support based on the change in circumstance. That is what modifications are for.