Fort Lauderdale Divorce Lawyer Blog

Parents filing to establish or modify child support has increased the burden on Florida's marital and family law court system. Child support hearing offices have been working overtime. Unfortunately, the court system can not deal with the increased demand without more employees. However, this seems unlikely given budget cuts in the state of Florida.

A parent in Broward that is trying to establish child support may have to wait up to six months for a hearing. In addition, parents requesting a modification of child support because of wage cuts or unemployment may have to wait up to three months for a hearing. In Florida, child support modification cases, specifically downward modifications, have increased by 50% since 2006. Broward Circuit Court Judge Susan Greenhawt who hears marital and family law cases including, but not limited to, divorce and paternity, believes that these type of cases really need to be heard since generally there is a contempt motion pending at the same time.

In some cases, individuals are unable to afford to hire a child support lawyer in Fort Lauderdale and proceed on their own. They use online forms, question the clerks and often forget important documents at their hearing. At the hearing, they often ask the court to appoint a lawyer since they can not afford one. Unfortunately, they have to do the best they can and often have their cases dismissed until they can present their case properly.

What happens if the Fort Lauderdale divorce judge has ordered you to make alimony or child support payments and you no longer can pay the amount? Do not neglect your payment obligation. Go back to the Broward County divorce court and file a petition for a downward modification of your child support and/or alimony. Whether you are paying child support or temporary, rehabilitative or permanent alimony, if you stop making payments, the marital and family law judge in Fort Lauderdale may hold you in contempt of court which means you could end up behind bars at the Broward County jail.

With the economy the way it is today, a number of spouses are finding it exceedingly difficult to make their payments. If you are the payor spouse and you are making less money than you were at the time of your support determination, you may have legal grounds to petition the court for a downward modification. If you are the receiving spouse it is wise to draft a new agreement with your ex detailing the percentage of downward modification and the length of time this modification will be in effect. Both parties should consult their attorneys and come up with a modification agreement so that the children and the parents are financially stable.

The statutory grounds for modification of alimony are found in section 61.14(1) of the Florida Statutes. When the parties enter into an agreement or the court orders alimony payments, and sometime later the financial ability or the circumstances change then either spouse may request the court for modification of alimony or child support payments. The party who petitions for a change in alimony must show that a substantial change has occurred. Showing a reduction in the payor's income alone will not justify modification. The change must be involuntary and there must be no other funds in the payor spouse's possession that could be used to keep current with the alimony obligation

The statutory grounds for modification of child support and alimony are found in section 61.13(1)(a) and section 61.14(1) of the Florida Statutes. Either party may apply for modification of the court-ordered or agreed to child support award whenever the financial circumstances of either party changes substantially or the child, who is a beneficiary of the agreement or court order, reaches majority. The party who petitions for downward modification of child support must be prepared to prove that a substantial change in the circumstances has occurred. "Substantial" means significant, involuntary and permanent.

In Rose v. Rose the Fourth District of Appeals recently reviewed a Final Judgment of Dissolution of Marriage entered by Judge Renne Goldenberg, a divorce judge in Fort Lauderdale, Florida. The father appealed the trial court's order granting the mother's request for an extension of the father's child support obligation until their daughter graduated from high school. The Fourth District Court of Appeals reversed the decision of the trial court located in Broward County, Florida.

In 1994 when the parties were divorced, they had agreed that the father would pay child support for each minor child until "they reach the age of majority, marry, die, graduate from high school or becomes self supporting, whichever occurs first." Three months before their daughter reached the age of majority, the mother petitioned the court for modification of child support. Because their daughter would turn eighteen while still in high school, the mother requested the court extend the father's obligation until the child graduated from high school. The trial court granted the mother's request and entered summary judgment for her concluding that the child's passage to majority while still in high school constitutes a substantial change not contemplated by the parties.

In order to modify your child support obligation, a party seeking modification must prove that there has been a substantial change of circumstances and must show that this change is significant, material, involuntary and permanent in nature. Here, the parents had specifically contemplated in their marital settlement agreement the time when the father's support obligation would terminate. The Fourth District Court of Appeals did not agree that the parents had failed to contemplate their child reaching the age of majority before graduation when the parties listed this as an event that would terminate the child support obligation. Finally, the court explained that the parent's obligation to support their children is limited to their minority and dependency except as provided for in Florida Statute, § 743. 07(2).

Florida Statute, § 734. 07(2) authorizes support for dependent children beyond the age of eighteen years old when such dependency is because of a mental or physical incapacity which began prior to the child reaching majority age. Or, if the person is dependent in fact, is between the ages of 18 and 19 and is still in high school, and performing in good faith with the reasonable expectation of graduation before the age of 19.

An order for child support should track the language of § 743.07, Florida Statutes, and require the payment of child support "until such time as the child reaches age eighteen, marries, becomes self-supporting, or dies, whichever comes first." Generally, the obligor is legally obligated to pay child support until the minor child reaches eighteen, the "age of majority." Irrespective of the statute, the parties may agree to extend the cut off, but must incorporate this agreement into their marital settlement agreement.