Petition Change Of Circumstances

[JSully86]

What is the name of your state? FL

I'm not too sure if I'm even saying this right, I'm very new to all of this. But like I had mentioned in an earlier post, my husband was served with change in circumstances for more child support. He wants to "file a petition" (I hope I'm saying that correctly) towards the papers & file them with the court. What exactly is that called? Also, does anyone know what to state in the document? I know we would like to fill out a financial affadavit as well as asking to see the receipts for all the things she "claims" she pays (she has admitted many, many times she's not hurting for money.. she just wants more). I mean, she lied so bad on the papers that she made it to where she's left with only $190 a month, and when my husband figured out all the expenses and such, it leaves her with well over a grand a month. To me, that just means she was just trying to make up different amounts because how can you NOT know that $190 is extremely less than what you actually bring home when you easily admit constantly that you're not hurting for money what so ever, that you can get whatever you please with no worry in paying bills? When we brought it to her attention, her words were "That may be the case, but I still need more money." I mean, she makes $100 less a month than my husband does, she still lives with her mom and has stated multiple times she doesn't have to pay her mom for anything except for maybe $100-200 a month for help on the utilities.

My husband & I both stated we have no problem what so ever with paying more money if need be, but it just upsets us because she's lying so much on the papers. So now we have to file with the courts, and we seriously don't even know where to state. Any help is very much appreciated.

 

[yolandanewell]

Won't it be up to her

To provide proof of her outgoing finances? And not up to her ex husband to prove that she's lying?

 

[JSully86]

To provide proof of her outgoing finances? And not up to her ex husband to prove that she's lying?

She provided the affadavit with the papers that were served with us. Not that it matters much, but they were never married.

I mean, do we need to go fill an affadavit out, too? Seeing how his income has changed from when the court ordered the CS awhile back? Both of their incomes have changed.

 

[lwpat]

Child support is based on the parents' incomes and the childs expenses. Everything else is irrevelant. She has to allege certain material changes in order for the court to modify the CS. This means things that were not known at the time of the original order.

 

[JSully86]

Child support is based on the parents' incomes and the childs expenses. Everything else is irrevelant. She has to allege certain material changes in order for the court to modify the CS. This means things that were not known at the time of the original order.

I think I'm understanding now. Please forgive me, like I said, very new to this as so is my husband. So her credit card payments and such will have nothing to do with the child support?

Also, should he fill out an affadavit as well seeing how his income has changed, too?

Her main reason she states is because their son will have major dental expenses in 2008 (ie- Braces) and that's why she wants it raised.

Another question (sorry!), if they only ask for HIS expense or his income, can it be stated that their son is on MY medical, dental & vision insurance?

 

[Gracie3787]

I think I'm understanding now. Please forgive me, like I said, very new to this as so is my husband. So her credit card payments and such will have nothing to do with the child support?

Also, should he fill out an affadavit as well seeing how his income has changed, too?

Her main reason she states is because their son will have major dental expenses in 2008 (ie- Braces) and that's why she wants it raised.

Another question (sorry!), if they only ask for HIS expense or his income, can it be stated that their son is on MY medical, dental & vision insurance?

Yes, he will be required to fill out, serve and file a financial affidavit. If he doesn't already have the form he can find all forms at www.flcourts.org

CS is set on incomes only. Expenses (other than court ordered CS for other children paid by the NCP) do not come into play at all. It will waste time and severly confuse the important issues if your husband does much complaining about his ex's expenses.

On the financial affidavit, and on the answer to her petition it should be stated that child is covered under NCP's spouse's insurance.

As for your first question, I think you are referring to what is called a "counter-petition". That is filed only if he wants to bring up any issues naot covered in ex's petition. If there aren't any other issues, all he needs to do is to file/serve an answer to petition, that form can also be found at the website above.

 

[JSully86]

Yes, he will be required to fill out, serve and file a financial affidavit. If he doesn't already have the form he can find all forms at www.flcourts.org

CS is set on incomes only. Expenses (other than court ordered CS for other children paid by the NCP) do not come into play at all. It will waste time and severly confuse the important issues if your husband does much complaining about his ex's expenses.

On the financial affidavit, and on the answer to her petition it should be stated that child is covered under NCP's spouse's insurance.

As for your first question, I think you are referring to what is called a "counter-petition". That is filed only if he wants to bring up any issues naot covered in ex's petition. If there aren't any other issues, all he needs to do is to file/serve an answer to petition, that form can also be found at the website above.

Thank you very much!!! So since her crazy expenses that she claims she has actually has nothing to do at all with the CS, there should be no reason for us to counter-petition. But thank you for the link... we didn't know if we had to fill one out or not because it wasn't stated anywhere on the papers he was served with.

 

[Gracie3787]

Thank you very much!!! So since her crazy expenses that she claims she has actually has nothing to do at all with the CS, there should be no reason for us to counter-petition. But thank you for the link... we didn't know if we had to fill one out or not because it wasn't stated anywhere on the papers he was served with.

My husband's ex did the same thing, she claimed crazy expenses and even tried to claim her other 3 children's medical expenses were actually my hubby's responsilbity. When it went to court the Judge firmly told her that it didn't matter, CS is set by incomes only, she was soo upset (LOL).

Anyway, your husband should read up on the laws and requirements here are some links that will help:

Florida Statutes- chapter 61 www.flsenate.gov/STATUTES

Florida Rules Of Civil Procedure http://phonl.com/fl_law/rules/frcp

Florida Family Law Rules http://phonl.com/fl_law/rules/famlawrules

 

[TinkerBelleLuvr]

Actually, asking for the expenses is a way of seeing if someone is 'hiding' income. If someone is claiming a $5000 mortgage, but then says they only have $2000 in income, the court will want some explanations.

 

[JSully86]

Actually, asking for the expenses is a way of seeing if someone is 'hiding' income. If someone is claiming a $5000 mortgage, but then says they only have $2000 in income, the court will want some explanations.

Well, the only reason why we actually wanted to see her complete income is because she's told us NUMEROUS times that she doesn't have to pay crap for anything... especially since she's living with her mother. And the only reason why she's moving out mid-next year is because that's when her soon to be husband will be back from Iraq. I mean, some of the things she spends money on is absolutely ridiculous. I wish both my husband & I could afford to spend as much as she does every week at the mall, or the salon. She will easily admit that she's just doing this out of spite. This is how she works. We make her upset, or do something she doesn't care for, and she pulls the "I need more money" card.

She screws up telling my sister in law the amount of money she has in the bank, or the big raise she's about to be getting along with a bonus because we realize this and realize she's lying about the amount of money she has in her bank account now.

Which brings me to another question-- she's getting a raise within two weeks, and when she filled out the affadavit, the raise wasn't put on there. How do we go about with that?

 

[TinkerBelleLuvr]

A raise in two weeks is like a bird in the bush. Now, if your court hearing is afterwards, ask for pay stubs

 

[JSully86]

A raise in two weeks is like a bird in the bush. Now, if your court hearing is afterwards, ask for pay stubs

We don't have a clue when our court date is because he still has to file his affadavit (I guess!). It states that if we do not file anything with the court within 20 days (which will be the day after Christmas), we've lost and are automatically agreeing to pay what she's asking for.

 

[TinkerBelleLuvr]

The FA crystal ball sees a court hearing in your future.

 

[2Mistakes]

We don't have a clue when our court date is because he still has to file his affadavit (I guess!). It states that if we do not file anything with the court within 20 days (which will be the day after Christmas), we've lost and are automatically agreeing to pay what she's asking for.

WE do not have a court date. YOUR HUSBAND has a court date. WE do not have to file anything with the court. YOUR HUSBAND does. WE won't lose. YOUR HUSBAND will.

You seem way too involved here, knowing what she spends at the mall and salon, etc. This is between YOUR HUSBAND and HIS EX. Maybe you should let him handle it.

 

[JSully86]

WE do not have a court date. YOUR HUSBAND has a court date. WE do not have to file anything with the court. YOUR HUSBAND does. WE won't lose. YOUR HUSBAND will.

You seem way too involved here, knowing what she spends at the mall and salon, etc. This is between YOUR HUSBAND and HIS EX. Maybe you should let him handle it.

I'm sorry that you think I'm being too involved, but I'm there for my husband and will try to help out as much as I possibly can.

And trust me, I wouldn't be involved in all of her spending if she didn't flaunt it. I don't ask where her money goes, she likes to tell everyone.

I guess it's a bit harder to understand when I'm not able to explain everything, and that's okay. But thanks for your opinion.