A father’s attempt to avail himself to statutorily-dictated child support modification failed due to an earlier decision the man made, which ultimately proved costly. The man had previously consented to a marital settlement agreement that contained a waiver of his right to seek a child support modification based upon the parents’ time-sharing schedule, according to the Second District Court of Appeal. The father’s unfavorable decision spotlights the extreme importance of understanding all the ramifications of the terms of a settlement agreement.
Two years after a couple divorced in 2003, the couple created a supplement to their marital settlement agreement that altered the husband’s child support and alimony payments, and specifically stated that the agreement’s visitation arrangements could not be construed as the children’s spending 40% of their time with the father. This percentage was important to clarify, because Section 61.30(11)(b)(10) of the Florida Statutes allows a parent to seek a modification of his child support obligation if his children spend 40% or more of their overnights with him.
In 2012, the father requested a downward adjustment in his child support based upon the alleged fact that the children spent 42% of their time with him. The mother argued that, under the terms of the supplemental settlement agreement, the father waived his right to seek such a reduction.
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