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Main Forums => Child Support Issues => Topic started by: Ref on Oct 24, 2005, 12:51:47 PM

Title: Florida Help needed!!
Post by: Ref on Oct 24, 2005, 12:51:47 PM
Hey guys!

I am looking for a Florida form to file to temporarily reduce CS while the court hearing is being done.

It seems there is no retroactive reduction in the State. I saw form 12.947 (a) and it seems right, but I am not positive.

Can anyone help?
Title: RE: Florida Help needed!!
Post by: beeboah on Oct 26, 2005, 05:34:54 AM
i don't believe there is such a thing, could be wrong....please post if you find out something to the contrary...
Title: do you still need help?
Post by: catherine on Oct 31, 2005, 10:04:36 AM
I just found this article that states that CS in FL can not be modified back to the filing date for a reduction.

http://www.divorcenet.com/states/florida/flart_08
Title: I asked Soc
Post by: Ref on Oct 31, 2005, 10:14:32 AM
And he said that they will do retroactive to the date of filing. I read the link that you sent and it looks like it agrees. "A reduction cannot take effect prior to the date a REQUEST of modification is filed with the Court".

DH filed last week so hopefully they will credit him the difference.

PLEASE let me know if I read that wrong. He is paying way too much right now and are putting ourselves in debt to pay his CS at the higher rate until the judgement.

Thanks
Ref
Title: you're right
Post by: catherine on Oct 31, 2005, 10:57:24 AM
I read it wrong!  Hope you get the reduction.  In reading past case law in FL, make sure you keep calling and making sure you get a date booked or it will be ignored.
Title: RE: Florida Help needed!!
Post by: POC on Nov 15, 2005, 06:56:31 PM
CS modifications in FL are retroactive to the date of filing. CS can not be reduced prior to the date of filing for modification.