• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Should we file for a modification?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.



What is the name of your state?What is the name of your state? FL

I posted some of these questions before, but got no response, so I'll try again. My husband spoke to his daughter's mother about the fact that he pays full support for a child that we keep AT LEAST 43.3% of the time. He told her that although state guidelines only require that he pays $361/mo, he would pay $425/mo. She emailed him that she wished he had givien her more notice, but if he felt he was doing what was right for the child, then she understood. Three months later, my husband gets a Motion for Contempt, saying that the reduction in support was over the mother's objections. We filed an Objection to the Referral to General Master, but should we also file a Petition for Modification of Support? I'm pretty sure they'll be sent to mediation first, anyway, but...



The visitation & child support agreement was made between the mother & my husband privately (but was ratified by the court) & states, "This is not a guidelines amount and no change in circumstance is required to modify it." My husband didn't know at the time that he was agreeing to pay WAY over guidelines.


Senior Member
Ok, then a modification would be wise. However, since he was paying less that was COed, even if mom agreed, he'll likely have to pay the difference.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential