Recently,thru modification, it was set up that IF my ex-spouse fufills more than 20% of the overnites , he will be entitled to a reduction in child support,as per the new 2011 laws. However,since this has never,and probably never will occur,I had it in the papers that it will be reviewed each year and if met or not met,will determine support for following year. My question is, does the judge have to court order (sign) the income deduction order each year?It is not something that can be filed without a judges review and agreement by both of us saying that obligation was or was not met? I want to make sure that after year is up and he still did not meet his overnite requirements for support changes that he cant just print out a form with our mediation papers and say "He met them, now change child support amout to be deducted"
1 Answer from Attorneys
No, the original income deduction will stay into effect unless and until ordered otherwise by the court. There will have to be a signed stipulation with new child support guidelines filed int he court file reflecting the change in circumstances, along with an order ratifying, before a new income deduction order can be filed.
A Clearwater Family Law Attorney