Child support modification

[mancave]

I am pretty sure that daycare was part of my child support payments in my divorce. He is now 16 years old and I am still paying for daycare in his support. I am currently going through another divorce in which 2 of my own children are involved and child support is being paid for them. Can/should I request for modification now or wait for the other divorce to be completed first and will my modification go through??

Also, what do I need to do (forms, motions, etc...) for request for  modification of child support??

This is for the state of Florida.  Between all the CS that I pay, I have barely any money to support myself. Over 40% of my check total and the spouse has lied on her financial affidavit. What can I do about that??

Also, she was awarded custody of the house and ordered by the court to help pay up the mortgage to be current. I took money out of my retirement plan to catch up my half and she never paid a dime. Needless to say, she stopped paying on anything that had both our names on it (mortgage, automobile, credit cards, etc...) and the house and automobile were repossessed and I tried my best to save it by sending letters to mtg company but they foreclosed. Anything I can do in the aftermath of this??  The divorce is not yet finalized and we both have no attorneys (no more $$) and a court date this month.

Please Help!!!

[Ref]

OK. DH's jurisdiction is in Florida and I can help you out a little with the child support.

What I would do is estimate how much you would have to  pay without the daycare.

Here is a link to a florida child support calculator.
http://www.alllaw.com/calculators/childsupport/florida/

Get an estimate on how much you would have to pay.

I am guessing that your child support case was quite some time ago. Because they adjust the amounts they use to calculate for cost of living, you may still be making out better if you left all alone. Not to mention the pain of you having to go to court for 2 domestic situation will take a couple years off your life with the stress.

Be conservative. If you think she makes $25,000/year, calculate $20k. You don't want to get your hopes up.

If you feel it make financial and emotional sense, here is a link to the forms you will need.
http://www.flcourts.org/gen_public/family/forms_rules/index.shtml

Remember the standard for changing anything is that there was a significant change is circumstances. You daughter being old enough not to need daycare may be acceptable. Ofcourse, it is not unheard of for a court to increase child support  because the child has become much older, therefore needs more money to get by. I think if you stick with the calculator and try to be as honest and conservative as you can, you will be ok.

I am guessing that your last paragraph is about your second marriage. Read those forms in detail. I think it is possible to file a contempt of court for her not following through with the court order to pay for her half of the bills. Put together all the paperwork showing the forclosure and all the warnings. If she received them and your name is still on these cards/mortgage/loans, get them to send you details of payments and if they have them, details of communications.

Ask the court that she reimburse you for the money lost including any penalties and interest you incurred because she didn't do what the court ordered. Get as much third party documentation as possible (from the loan company). Get copies of your checks that show you paying. If you have a letter from her stating that she will not pay, you can throw that in there too. The judge will not be interested in he-said-she-said stuff, so save your breath with that. It almost always annoys the judge.

Best of Luck,
Ref