Child Support / Unemployment

[Carmichail]

I am divorced with 2 children in Florida. Our divorce was settled in june of 2006, I pay 1460.00 per month in child support(I was making 60,000) at the time.  I was laid off due to the housing market crash in December.  I have not been able to get work as of yet and am on Unemployment(1,100.00 per mo nth)  I have up until this week been able to pay the full child support amount .  I can not continue to pay that and the job I am will be getting in the next 3 months will earm only apx 40,000.  I am on good terms with my ex, we have talked she understands everything, and is working with me, however I want to make sure I am not going to fall behind in the states eyes.  I am currently on an income deduction order so I pay through the disbursements center.   is what do I need to file with the court immediately and then when should I adjust it to a new amount once I get a new job? Thanks!

[Adal]

Hello Drew, you will need to file a supplemental petition for modification of child support. To do so you will need to show a change in circumstances that has occurred since the final judgment of dissolution and you will need to show that the change was unforeseen and not within your ability to control. However, if the court finds that you have other assets to draw from such as savings, home equity, excessive or extra personal property the court can deny your petition until those items have been liquidated to meet your child support obligation. If at all possible, your best course of action would be to submit an agreed order executed by you and your former wife stating what your new child support obligation will be under the child support guidelines and detailing when it will be modified and why. Then you will need to submit a new child support income deduction order so the state will be recording the proper child support obligation upon its ledgers and the proper deduction will be made from your unemployment or payroll check. I hope this information was helpful to you.

This answer is based solely on the information you have provided in your question and as always, I would advise that you arrange for an in person consultation with an attorney from my firm or another Family Law attorney familiar with Florida Family Law who can analyze the specific facts and circumstances of the case more closely to better advise you.

Sincerely,

Daniel Bachert, Esq.

The Bachert Law Firm, P.A.

330 Clematis Street, Suite 222

West Palm Beach, Florida 33401

(561) 653-3951