Ex has filed petition to modify support with FL DOR

[castonesgirl1]

What is the name of your state (only U.S. law)? Florida

Initial Divorce and child support was Aug. 23, 2006 in Hillsborough County, Florida. The original case was with 2 minor children. First child turned 18 in September 2007 and graduated high school on June 2008. Second Child turned 18 in September 2009. He graduates high school in June 2010.The divorce was uncontested and we both agreed and signed the MSA. MSA specifically states that the "Said payments shall continue until the children reach maturity age (including the month of their 18th Birthday), dies, marries, or becomes self-supporting. The DOR is no longer collecting child support and has closed the case. Ex-husband as has filed supplemental petition through the DOR to re-open and re-establish support until June 2010. This was filed after the case was closed. I filed a response and counterpetition. There was no counter-response. I have filed motion for default. What will be the next step with a default in this type of case? Also can I file to dimiss if ex-husband who filed supplemental petition does not submit financial affidavit and certificate of mandatory disclosure within the 45 day timeframe?

 

[Gracie3787]

What is the name of your state (only U.S. law)? Florida

Initial Divorce and child support was Aug. 23, 2006 in Hillsborough County, Florida. The original case was with 2 minor children. First child turned 18 in September 2007 and graduated high school on June 2008. Second Child turned 18 in September 2009. He graduates high school in June 2010.The divorce was uncontested and we both agreed and signed the MSA. MSA specifically states that the "Said payments shall continue until the children reach maturity age (including the month of their 18th Birthday), dies, marries, or becomes self-supporting. The DOR is no longer collecting child support and has closed the case. Ex-husband as has filed supplemental petition through the DOR to re-open and re-establish support until June 2010. This was filed after the case was closed. I filed a response and counterpetition. There was no counter-response. I have filed motion for default. What will be the next step with a default in this type of case? Also can I file to dimiss if ex-husband who filed supplemental petition does not submit financial affidavit and certificate of mandatory disclosure within the 45 day timeframe?

In FL the custodial parent has the right to request support to continue until graduation from HS as long as the graduation will be before age 19. This can be filed for even if the DOR has closed the case, which they automatically do on the youngest child's 18th birthday.

What are you requesting in your counter-petition?
Was your counter-petition properly served on your ex?

Typically a default will not be issued on a counter-petition since the reason for a default is to allow a hearing date to be set without a response from the other party. Basically, a counter-petition is a continuation of the supplemental petition so both can be heard at the same time.

No, a dismissal cannot be ordered for failure to comply with mandatory disclosure. If ex does not serve you or the court with a financial affidavit at least 72 hoours before the hearing you can request a continuance and file a motion to compel mandatory disclosure.

 

[castonesgirl1]

https://forum.freeadvice.com/child-support-98/ex-has-filed-petition-modify-support-fl-

The motion for default was filed after the 20 days were exhausted. Yes the Counter-Petition was served to all parties. According to Florida Family Law Procedures it specifies that there is to be a Counter Response filed to a Counter Petition. If a response to a Petition or Counter Petition is not filed within the 20 days, the Petitioner or Counter Petitioner may file a Motion for Default.

My next question is will the court base the new child support on one or two children? I don't have a problem at all paying support for the child still in high school, but the other child is 20 years old. Why would they continue to grant support for an emancipated child? In addition, I do not understand why I would pay support for an adult child that has a full time job and I have no parental rights to. He can do whatever he wants and I have no say on his life.

My Ex has vowed to do everything he can to financially destroy me. I am just plain tired of the harassment. He has threatened my life, commited credit fraud against me and forged my endorsement on $215,000 worth of insurance checks and he always comes out smelling like a rose. I just don't understand why me ex and the DOR are above the law and do not need to follow Florida Family Law Procedures. It seems if I do not follow them, I lose. IF he and the DOR do not follow them- I still lose. It is a biased and ridiculous system. The only shining light in this whole process is that he cannot get any more money from after June 9, 2010. Furthermore- he refuses to get a job. He told me that because he is not working I will have to foot all support and he will not be required to contribute. My only hope is that the judge will see his scam.

 

[Gracie3787]

The motion for default was filed after the 20 days were exhausted. Yes the Counter-Petition was served to all parties. According to Florida Family Law Procedures it specifies that there is to be a Counter Response filed to a Counter Petition. If a response to a Petition or Counter Petition is not filed within the 20 days, the Petitioner or Counter Petitioner may file a Motion for Default.

My next question is will the court base the new child support on one or two children? I don't have a problem at all paying support for the child still in high school, but the other child is 20 years old. Why would they continue to grant support for an emancipated child? In addition, I do not understand why I would pay support for an adult child that has a full time job and I have no parental rights to. He can do whatever he wants and I have no say on his life.

My Ex has vowed to do everything he can to financially destroy me. I am just plain tired of the harassment. He has threatened my life, commited credit fraud against me and forged my endorsement on $215,000 worth of insurance checks and he always comes out smelling like a rose. I just don't understand why me ex and the DOR are above the law and do not need to follow Florida Family Law Procedures. It seems if I do not follow them, I lose. IF he and the DOR do not follow them- I still lose. It is a biased and ridiculous system. The only shining light in this whole process is that he cannot get any more money from after June 9, 2010. Furthermore- he refuses to get a job. He told me that because he is not working I will have to foot all support and he will not be required to contribute. My only hope is that the judge will see his scam.

Please understand that if the motion for default is granted, it does NOT mean that you automatically win what you are requesting. A default only allows for a hearing date to be set without a response from other party.
You didn't answer my question- what are you requesting in your counter-petition?

The CS will be based on both your's and your ex's incomes and will be for only the 18 yr old who is still in HS. Since ex is voluntarily unemployed, be sure to ask that an income be imputed to him. You can read about this in chapter 61 of the statutes at www.flsenate.gov/STATUTES

 

[castonesgirl1]

My Counterpetition

A. Deny petition to extend child support. The Petitioner and Respondent contemplated the child(ren) reaching the age of majority by agreeing to and stating in the original MSA “until the children reach maturity age (including the month of their 18th birthday), dies, marries, or becomes self supporting”. The month of their 18th birthday was determined as a specific event agreed upon that the child support would terminate. The Petitioner agreed to this by signing and affirming the MSA. The Original Petition for divorce and the MSA was uncontested. Rose v. Rose, No. 4D08-582, District Court of Appeal Of The State OF Florida, Fourth District.
B. Deny petition to increase the child support as the previous order was based on two minor children and currently there are no minor children.
C. Both Petitioner and Respondent are to be responsible for their own attorney’s costs and fees brought about by this action.

Back in March he took me to court claiming that he received no support from me in 2006. which was a lie- luckily I had bank statements showing all money deposited directly from my account to his account. But he purposefully lied on an affidavit to the court. Why would they not admonish him for such behavior? Wouldn't that be considered contempt?

 

[Gracie3787]

A. Deny petition to extend child support. The Petitioner and Respondent contemplated the child(ren) reaching the age of majority by agreeing to and stating in the original MSA “until the children reach maturity age (including the month of their 18th birthday), dies, marries, or becomes self supporting”. The month of their 18th birthday was determined as a specific event agreed upon that the child support would terminate. The Petitioner agreed to this by signing and affirming the MSA. The Original Petition for divorce and the MSA was uncontested. Rose v. Rose, No. 4D08-582, District Court of Appeal Of The State OF Florida, Fourth District.
B. Deny petition to increase the child support as the previous order was based on two minor children and currently there are no minor children.
C. Both Petitioner and Respondent are to be responsible for their own attorney’s costs and fees brought about by this action.

Back in March he took me to court claiming that he received no support from me in 2006. which was a lie- luckily I had bank statements showing all money deposited directly from my account to his account. But he purposefully lied on an affidavit to the court. Why would they not admonish him for such behavior? Wouldn't that be considered contempt?

That is not a counter-petition. It is an answer to ex's petition.
A counter-petition is a pleading that requests a specific thing. Since you have not requested anything it is not a counter-petition.

Did you make any specific requests in your answer to ex's petition?

As for his alleged lies in affidavit in March it is too late now to do anything about that.

 

[castonesgirl1]

Ex has filed

According to you, nothing. Looks like I will be financially destroyed and he will get away with malicious behavior.

There is a final hearing set for 01/05/10 in front of the General Magistrate. what acn I do to object and have it before the judge?

And by the way, I live in California now and cannot travel back and forth for this nonsense. He does this just to keep harassing me.

 

[TinkerBelleLuvr]

I found it cheaper to have an attorney in my home state handle my stuff and then appear telephonically. Cheaper than flying back and forth.

 

[Gracie3787]

According to you, nothing. Looks like I will be financially destroyed and he will get away with malicious behavior.

There is a final hearing set for 01/05/10 in front of the General Magistrate. what acn I do to object and have it before the judge?

And by the way, I live in California now and cannot travel back and forth for this nonsense. He does this just to keep harassing me.

Most family law cases are now heard by a Magistrate. The Magistrate makes a decision, then the Judge reviews it to make sure everything is legally correct and signs it. It will not go before a Judge without very good reason and you don't really have a reason.

If you cannot attend the hearing in person, contact the court clerk's office to see what you'll need to do to arrange appearing telephonically.

 

[hibrand]

Update?

I am in a very similar situation with Florida. My case for support has already been closed by the clerk of court and the DOR - in fact, the DOR won't even speak to me over the phone because the case is not active. My ex is asking for extension but I have not yet received a petition. I think the Rose v Rose case sets good precedent for you - how did the hearing turn out? I am curious to know what your results were and am hoping for you that they went in your favor