Legal Question in Family Law in Florida

child support causes financial hardship

I was notified of a child support obligation in 1990, the child was already 10 years old. I was cooperative and gave my info. The state set child support at $550.00 a month, I only made $7.84 an hour. A few times they even took $750.00 a month. I was in school and working full time. I asked for reduction but was told I needed a second job. My wife miscarried our baby and there is no doubt in my mind it was due to the stress caused by the the office of support enforcement. Not only did they continue to garnish my wages at a rate I could not support my family but they called and harrassed us on a daily basis. Yes this has now been several years but I continue to pay student loans which went into default as a result as well. We were placed so far in debt we are still trying to climb out. I want one day in court to prove this hardship was purposeful and well known to the OSE. We were sued from Wa. state and unable to be in court with 3 days notice. Is anyone willing to help? I have all documents.

Asked on 7/12/07, 11:05 am

2 Answers from Attorneys

Re: child support causes financial hardship

If the case is in a Washington court, you need to ask your question again, stating that it's concerning Washington law, not Florida law.

However, it seems to me that no matter what the state, you should be able to file a petition for modification of child support based on several factors mentioned here and possibly even get credit for some overpaid money ($550/month with a $7.84 wage sounds like a mistake unless there was some arrearage to be paid in addition to regular support).

Post your question again for Washington attorneys to answer (if the case is in that state).

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Answered on 7/12/07, 11:22 am

Scott R. Jay Law Offices of Scott R. Jay

Re: child support causes financial hardship

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

I am guessing that you are in Washington and the case is in Florida. If so, you can request that the court allow you to appear by telephone. The Florida Supreme Court has given the state court system a directive to work with people to allow telephonic appearances when necessary.

As to the amount of child support, it seems as if the child is already over the age of 18 as the child was over 10 years old in 1990 according to your fact pattern. Accordingly, it is too late to ask for a reduction in child support, as this should have been done years ago.

Scott R. Jay, Esq.

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Answered on 7/12/07, 7:59 pm

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