Florida Mod..Second Family takes Precedence? Huh?

[Noelle_71]

What is the name of your state? Fl
I'm preparing to file pro se with Florida for a modification. I've downloaded all the forms, read through and gathered info.
I was having a conversation with my sister last night who told me that when she filed with Florida to get her child support arrears and a modification from her ex..she was told by a number of people (she didn't specify if they were attorneys or court officials ) that since her ex has a second family (my sisters kids are the older ones), nothing could be done.
I found that hard to believe and she said that she was told that since he had to support the new family, she was going to get nothing.
That sounds unreal to me...comments?

 

[Gracie3787]

What is the name of your state? Fl
I'm preparing to file pro se with Florida for a modification. I've downloaded all the forms, read through and gathered info.
I was having a conversation with my sister last night who told me that when she filed with Florida to get her child support arrears and a modification from her ex..she was told by a number of people (she didn't specify if they were attorneys or court officials ) that since her ex has a second family (my sisters kids are the older ones), nothing could be done.
I found that hard to believe and she said that she was told that since he had to support the new family, she was going to get nothing.
That sounds unreal to me...comments?

Something isn't right with that story, whoever told your sister that was very wrong. Even IF the "second" family had a court order established BEFORE your sister's (which would give them "top priority") your sister still has the right to recieve CS for her kids. Did she go through with the modification and is she getting CS? If not, she needs to either file for a mod. or for contempt if he's not paying.

 

[Noelle_71]

Something isn't right with that story, whoever told your sister that was very wrong. Even IF the "second" family had a court order established BEFORE your sister's (which would give them "top priority") your sister still has the right to recieve CS for her kids. Did she go through with the modification and is she getting CS? If not, she needs to either file for a mod. or for contempt if he's not paying.

She did not go through with it and now, the kids are over the age of 18.

 

[Gracie3787]

She did not go through with it and now, the kids are over the age of 18.

She can still file a petition for payment of arrears though. She needs to try to find out what his income is though because the second family will come into play in an arrearage hearing. If he has enough income to support his family and pay something on arrears the court can order decent payments. However, if he has a low income the court may be able to only order $50.00 month or less, so in that case it may not even be worth her time. But she certainly has the right to recieve arrears payments, no matter how small.