Legal Question in Family Law in Florida

Support Modification/no change provable

former spouse is seeking a downward modification in support claiming a change in financial circumstance.Since divorce agreement (only 6 months)no change has occured.Still lives in 4000 sq ft home,still has $100,000.00 rv sitting in driveway,still has &40,000.00 suv,and customized motorcycle($20,000.00).No payment on any of these is late,indefault or in the process of being repoed nor are any up for sale.Also has very large office in which he conducts business with employees.In addition has roomates paying rent.I can no longer afford a lawyer,spent divorce settlement on former lawyer.I am a stay at home mother with 3 kids,what do you suggest I do?


Asked on 12/25/01, 1:47 pm

3 Answers from Attorneys

Sanford Martin Martin Law Office

Re: Support Modification/no change provable

It appears that you may have a good defense against any modification in support. He has to show a substantial change in circumstances. You are advised to consult with an attorney or local legal aid office who can advise you re the option of asking the court to require him to pay your legal fees. In your circumstances it appears you would have a persuasive case for his payment of all legal fees unless he can show a substantial change in income. It depends on the amount of income the support was based on and whether he can show that he no longer earns that level of income. Consult with a family law attorney who will give you an initial consultation without charge, a common request.

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Answered on 12/25/01, 4:47 pm
Elliot Goldstein Law Offices of Elliot Jay Goldstein

Re: Support Modification/no change provable

For a modification of child support to be ordered, the party seeking the change has to show a substantial change in circumstances which would justify the change.

Under Florida's statutes, the obligation for paying attorney fees falls on the spouse who is best able to pay. In other words, if your ex is significantly financially better off, then he might be held legally liable for your attorney's fees, or at least a portion thereof.

Many local bar associations have programs where participating attorneys offer services at a greatly reduced rate for clients that are on very limited incomes.

You should schedule a formal consultation with a� different lawyer.� A good means of obtaining an attorney referral is by contacting the Florida Bar Association or the local county bar association.��� They probably have a web site and charge a nominal fee for the referral.� Most attorneys either provide a free initial consultation, or charge a nominal fee.

Good Luck.-Elliot Goldstein (offices in Tampa and St. Petersburg)

The above information is provided as a courtesy, without any consideration and without knowledge of the specific facts.� Do not rely on this information. Seek a formal consultation with an attorney.

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Answered on 12/25/01, 5:21 pm
Joel Cohen Joel M. Cohen,P.A.

Re: Support Modification/no change provable

Your ex must prove that there is a permanent, substantial and involuntary change in his financial circumstances. Sounds like he has a very weak case. If you paid a lot to your divorce attorney, maybe he'll make quick work of this one and demand the court award his fees. It's good business...and the right thing to do.

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Answered on 12/25/01, 6:06 pm


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