Retroactive CS

[Ref]

I am filing for reduced CS in the state of Florida because I lost my job. From the posts I have gotten from you in the past, it seems that I will get my future CS reduced for the amount I paid over what it should be while I am at a lower earning rateback to the date I filed (today). I did leave out that it is in Florida in my prior posts.

I was looking into Florida statute and it appears that they will not award retroactive support unless it is in the initial filing.

http://sun6.dms.state.fl.us/dor/childsupport/guidlines.html

From what it appears, I have to file for a temporary order to get a decrease immediately. So I fould Florida Family Law form 12.947(a).(Motion of Temporary Support With Dependent or Minor Children) It seems to be what I am looking for but the instructions are:

"This form may be used by: (1) the respondent or the petitioner in a pending dissolution of marriage action. or (2)the petitioner in a pending action for support unconnected with the dissolution"

I am originally the respondent in the divorce and this is for a pending modification.

1. Am I reading the statute right beleiving that there is no retroactive support in Florida?

2. Is this the right form?

3. If not, do you know how to find the right form?

Thanks Soc

Ref

[socrateaser]

>1. Am I reading the statute right beleiving that there is no
>retroactive support in Florida?

No, you're incorrect. Not only is there retroactive support, but the law provides for said support in cases where the noncustodial parent is not exercising parenting per the existing court orders (this statute actually violates federal law, and I believe it is unenforceable on appeal, but it's there in black and white).

>2. Is this the right form?

I don't know. There should be a county court facilitator's office where you can ask about filing for a modification due to involuntary unemployment.

>3. If not, do you know how to find the right form?

I'd look on the state court website and see if I can find the form. At the moment you are using the child support enforcement agency website -- i.e., the "enemy" to try to help your cause. You're just looking in the wrong place.

See http://www.flcourts.org/gen_public/family/forms_rules/index.shtml

[Ref]

First, I would like to thank you for all the time you put into this board. It is amazing that you can get around to helping as many people as you do in a day.

I do have some follow-up questions for you about filing for CS modification. I would like to avoid paying the old amount as soon as possible. I know my ex will draw out the whole procedings unless the amount is lowered immediately. I can, however, borrow enough to cover a couple months CS.

1. Would it be proper to file for temporary adjustment even though I am able to pay?

2. Would you think it was a good stratgey to have the CS lowered tempoarily to encouage the other party not to daw the procedings out?

3. Am I right by thinking that the judge may or may not adjust my future CS for the amount I have paid over since filing?

4. Are retroactive adjustments downward based on ability to pay or simply what the calculation says I would pay at the pay rate I was at during the procedings?

Thanks again!

Ref

[socrateaser]

>1. Would it be proper to file for temporary adjustment even
>though I am able to pay?

Depends on what each of you can prove. I would wait to see if this begins to draw out, and then you will have actual evidence of harm to you caused by the other party's stalling. You may even be able to blame the attorney for using the legal process to punish you, while you are making a good faith effort to maintain support at the current level.

>2. Would you think it was a good stratgey to have the CS
>lowered tempoarily to encouage the other party not to daw the
>procedings out?

Nope. See above.

>
>3. Am I right by thinking that the judge may or may not adjust
>my future CS for the amount I have paid over since filing?

Your question encompasses every possible result, so my answer is that I don't read tea leaves.

>
>4. Are retroactive adjustments downward based on ability to
>pay or simply what the calculation says I would pay at the pay
>rate I was at during the procedings?

Retroactive adjustments are generally made based upon your actual income if you are actively seeking work and if you obtain new employment during the pendency of the modification. The court is not going to punish you for trying to abide by the current orders (in my opinion, of course).