Filed for Modification, but behind...

[grammy]

Hi,
My son was divorced in 2001 inFlorida.  He was abused
physically and emotionally by his ex and she had various affairs during the marriage.  None of this matters in a Florida Courtroom.  Their son
is 7 and cries and often begs to live with his father.  As not to take a lot
of your time, the situation is horrible.  My son has learned that it is best
not to go against her on anything, or his time with his son and his
transportation distance will be greatly affected.  When they were divorced, my son's income was close to $40,000 and he filled out all required financial paperwork.  She got by without filling out a financial workup, was working, and living in a rent-free house provided by her new boyfriend.  The judge gave her credit for $600 per month.  My son is requesting a CS review as his income has decreased each year since the divorce to $20,000 for 2007.  He went back to the job where he was during the divorce, but the company went coperate, and the base salary and commission has been revamped.  The pay is very low now. She is supposed to served this week.  The person doing the mediation is the
same as in 2001 and she was friends with the ex and her lawyer.  I know that it is going to be horrible for him for doing this, but he cannot manage to pay $475 per month plus half of the medical expenses.  He has stayed current until the past 3 months.  She has withheld $300 worth of medical expenses, as she has done several times in the past.  I am afraid that he will be put in jail even though he has already filed his request.  She will file paperwork for this. She says that she receives no pay for working in her husband's real estate office (same guy), has worked last year in a exercise gym, and recently opened her own exercies business.  We have public records showing her signature on several documents from his office; she says that she is working for him for free.  She drives a car that is in his name. I fear that once again, she will get by with saying that she has no income.  My son is broke financially and broken emotionally.  He is great with his son; they are very close.

Any advice?  Florida is not father/child friendly.

A nervous grammy in NW Florida
 

[grammy]

Please help on above post--getting desperate-

worried grammy in Florica

[ocean]

Child support is based on numbers. In my state it is on the father's salary only and is a percentage. When he goes in have him bring his recent pay stubs and a letter from his employer stating his annual salary. Her lawyer will fight that he chose to change jobs on purpose to reduce child support. He will have to prove why he changed jobs and bring as much proof as possible.

Medical- Have him ask that she send all receipts within 30 days or they will be voided. Also, that she sends them certified mail to make sure he gets them.

Child support-As long as he is paying something he will not go to jail. He should be paying what he can because he will be responsible until they go to court and change the order. He should ask that it be back dated to the date of filing (when he filed). Look on line at the child support calculators and see what he should be paying and at least pay that.

Good luck!

[Kitty C.]

It's not enough to ask her to give all receipts within 30 days.  She'll just laugh in your face.  You have to get it court ordered in the CS.  That she must give all medical receipts to you within 30 days of the invoice or she forfeits reimbursement.

[boilergal]

first time.  That is required in Florida and has been for a long time.

If she is working in the office, even if she's not being paid, you should be able to figure out approximately what sort of salary that is.

I would submit information that shows what sort of salary that position would be expected to have and that her income be calculated based on that.

Also, request a different mediator if there is a real conflict of interest .  Judges can be removed from cases, mediators can too.

If his income is significantly less due to no fault of his own, then check about getting free or reduced cost legal help with this.

[wendl]

In that state where my case is and my husbands is they can impute the income of the other party on what a male/female of xx age would make on the average (my  husband had to do this on his wife as she has periods where she doesn't work for some reason or another).

I would request another mediator based on a conflict of interest, their is nothing wrong with requesting this.

Best wishes.

**These are my opinions, they are not legal advice**

[FloridaAbuse]

Well, today my son turned in all of the paperwork necessary for child support review, and once again, the ex W did not have to turn in a thing!
My son was told by the mediator that the judge would tell him to get a second job, let his jeep go, get rid of phone, and anything else that he spent money on including food, and the child support would be kept the same.  He would need to get a 2nd or 3rd job if necessary, and would be in jail every week until he was caught up.  He is paying $475 per month on a 19,000 per year salary.  He went back to the job where he was making over 30,000, but they were bought out by cooperate and the pay is horrible.  She owns a fittness gym, worked for another gym last year, and also works for her husband's realty company.  What is the point of having laws in this state???  He has been applying for other jobs, so it is not like he has not been trying.  He is behind $2177.94 which includes medical.  He has been paying what he could, so he has not willingfully stoped paying, and according to Florida statutes, requesting a modification was what he should be doing.  This is such a joke!!!  Any one else tangled with the Florida courts?  If you haven't, don't bother is you are a father.  The law is not followed here.  We are broke from trying to help, ane he is flat broke!  So, I guess jail is it!!