I have two sons age 19 and 16. When my court ordered child support was issued the amount was not written per child, but rather one sum. My son Graduated from high school this year. The State withdrawls the funds from his pay every two weeks. last year the state requested the documents, they determined that child support was not written per child and that there would not be a deduction in child support, it would stay the same and maintain untill the youngest child completed high school.
My ex husband is stating that child support should have been automatically reduced since my oldest is 19 and is seeking an attorney to render a modification in support and seek reimbursement for attorney fees. I live in Florida. If the state has already made the determination, does he have a case?
2 Answers from Attorneys
The short answer is yes. A parent can always petition for relief whenever there is a significant and material change of circumstances. I believe going from 2 to 1 child receiving support meets the criteria.
Yes, he has a case, the original order was an unallocated order so he has the right to go back to court to recalculate the support for one child and not two.