Legal Question in Family Law in Florida
child custody payments
Is it possible for the x-wife to take her x-husband back to court for child support when the child support was ordered 200 per week the husband did not make more than 35,000 per year at the time the child support was ordered and now the oldest child is 18 and graduated from high school which is when the divorce decree stipulates that the child support stops and the other child is 17 the mother kicked her out at 14 and she came to live with her father now she is living in another state quit school and said she is going for her ged. Is it possible for the x-wife to get more money out of him because he did get pay raises. She is still getting child support for both daughters even though the 17 year old has not been with her for 3 years. The divorce decree says child support in the amount of 200 per week and not 100 per child per week. The 18 year old lives with her boyfriend. The Mother has neither child living with her but still getting child support goingon 14 years.
2 Answers from Attorneys
Re: child custody payments
If the children are on their own and the child support payments are not being used for them, the court would probably modify the child support order and delete it.
Re: child custody payments
These facts support a possible need for modification of the child support order. If the $200 was unreasonable based on the income then the amount could be reduced accordingly. Also, she cannot collect for the time she is not supporting the child. However, if she is collecting for past due support that was never paid under the original order, then she is still entitled to the support since she solely paid for the care of the children during that time.
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