Legal Question in Family Law in Florida
I was cornered into signing a mediation agreement (done privately outside of court)- intimadition & misrepresented financial information. The agreement addressed child support to add our second child & visitation. I requested that the agreement not be filed with the court (it doesn't have a case number & hasn't been filed as of yet) & fired my lawyer. I'm told that the lawyer of my child's father can still file the agreement. Question 1: Can this agreement still be filed with the court? Q2: is there anything I can do to stop it from being filed? Q3: If I cannot stop it from being filed, can I go through the child support agency to have it modified? (If so, how long would I have to wait to do so?)
I finally received a copy of his financial affidavit. There is false information on this document & the gross monthly salary on the affidavit is more than the gross salary listed on the financial document used in the agreement. Q4: Is this also a basis for having the agreement set aside/cancelled? Q5: If I receive $100/month for food stamps is this added to my gross income? He refuses to provide me with a copy of his recent pay stubs or latest tax return. Q6: Since I no longer have a lawyer & must represent myself, is he required to provide this information to me (so that I can verify the financial calculations listed in the agreement---my previous lawyer doesn't have it either)? Q7: If he's required to provide me with a copy of his pay stubs/tax filing information, what statue/law is this listed under? Q8: If he's not required to provide this information to me, how can I verify the financial information that's used to determine child support calculations? Q9: What can I do about wrong/misrepresented information listed on his financial affidavit (according to him he spends close to $1400/month on our children- for child support, school supplies, entertainment, summer activities, clothing, barber/beauty shop, medications, doctor/dentist visits, etc....but he does not even see our children every month or do anything with them)? I know I have many questions, so I thank you soo much for your time. God bless.
3 Answers from Attorneys
I will be surprised if anyone else answers your questions. First off, your attorney should have all the financial information - if he/she did not ask for it, then I suspect you paid for nothing and should contact the Florida Bar for a refund of the money you p paid not to mention filing a complaint against that attorney.
1.as to the agreement - you will need to file for an Amended Mediation Agreement and resolve the issues under that amendment. You can ask the court to have another mediation = but it will be at your expense . Depending on the Judge, you can ask for a case management hearing - explain at that hearing what took place and hope that the judge will set for a hearing and void out the agreement. I suggest you find a family law attorney that is experienced in these matters that can represent you appropriately. There are subpoenas to pull records from the other party. Also there is a Mandatory Disclosure Form which should have been filed in your case and your husband should have provided all the information that was listed on it. I am thinking you may have represented yourself and now you are in a world of hurt because you did not have proper representation. Please get an attorney - there is too much here to be handled by pro se.
You will need to move to vacate the purported Mediation Agreement immediately, listing your reasons and submitting proof of your claims. You should retain counsel.
Agree with David Slater try to file a motion to set aside the agreement, you should retain counsel.
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