When is a requirement not a requirement re CS modification? Please answer...asap...

[FloridaAbuse]

Hi,
The paragraph below is from the Florida CS Modification procedures that are to be followed--I assume that it means what is states.  Why can the CP (mother) get away with not filing the Financial Affidavit as stated?
Would that not be contempt of court?  Where are the rights of the NCP (father) in regards to the stated requirement??  Since the mother is refusing (and refused the same during the divorce 6 years ago), what form do you use to request that which is stated be done?  Is the mediator, judge, or the court in contempt for not making sure that the Rules of Procedure are not followed by both parties??  Please explain as I am evidently missing something "between the lines".  Is this not sexual discrimination?
Thanks,
FloridaAbuse and FedUp
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Child Support... The court may order one parent to pay child support to assist the other parent in
meeting the child(ren)'s material needs. Both parents are required to provide financial support, but
one parent may be ordered to pay a portion of his or her support for the child(ren) to the other parent.
Florida has adopted guidelines for determining the amount of child support to be paid. These guidelines
are based on the combined income of both parents and take into account the financial contributions of
both parents. You must file a Family Law Financial Affidavit, Florida Family Law Rules of Procedure
Form 12.902(b) or (c), and the other parent will be required to do the same. From your financial
affidavits, you should be able to calculate the amount of child support that should be paid using the Child
Support Guidelines Worksheet, Florida Family Law Rules of Procedure Form 12.902(e). Because the
child support guidelines take several factors into consideration, change over time, and vary from state to
state, your child support obligation may be more or less than that of other people in seemingly similar
situations.

[leon clugston]

The problem here, is the same problem with many states and the way they worded you legislation. 1st- "may" is not commanding in law, its optional. 2nd "guidelines" are only procedures, a direction if you will, they can be ignore, followed, or twisted, they are interpretive, and like interpretations and opinions every one has one, and so the result is seldom the same, ie...why orders vary so much, different judge, different day, different attitude.
The one key you have to remember no judge,Associate, CSSD,CSED, CPS office or magistrate.etc..can demand an amount more than you make, nor can any of they above demand you get a second or third job...

[Kitty C.]

There is nothing in that that says only ONE parent has to submit a financial affidavit........in fact, it specifically states 'These guidelines
are based on the combined income of both parents and take into account the financial contributions of both parents. You must file a Family Law Financial Affidavit, Florida Family Law Rules of Procedure
Form 12.902(b) or (c), and the other parent will be required to do the same. From your financial affidavits, you should be able to calculate the amount of child support that should be paid using the Child Support Guidelines Worksheet, Florida Family Law Rules of Procedure Form 12.902(e).'

The trick is getting an atty. and/or a judge to ENFORCE the law.  That's where the hang-up is, plainly speaking.  And of course, it IS contempt if she is refusing to comply, but don't hold your breath waiting for the court to do anything about it....YOU should insist to your atty. to push the issue and/or file for contempt on her.

[MixedBag]

you have a PM.