Hi,
This is in regards to a request for modification in Okaloosa County, Florida. Please offer suggestions. The original divorce was 6 years ago. The wife did not have to turn in a Financial affidavit, so she was given credit for $600 per month toward child support. She was working at the time and was living in a home with no rent form her realtor boyfriend (she married him in 2007). She has been paid "under the table" by the realtor since the divorce. My son's CS amount was set at $475 per month; his income at the time was $31,000 per year working with the local newspaper. He has had 3 other jobs since that time with much lower pay, and was rehired by the newspaper (Jan 08) because of the better salary. However, the company was bought out by cooperate and the complete salary/commission schedule was redone; he has to get 70% of the company set commission before he gets any pay other than $7.38 per hour. Thus his CS plus medical is over 50% of his take home pay. Yes, he has been very faithful in keeping his CS paid even with $19,000 on his 2007 income tax report. He is presently behind and that will be paid through family help by 5/15/08. The following is what happened during the mediation last Monday.
My son turned in all of the paperwork necessary for child support review, and once again, the ex W did not have to turn in a thing! She offered to produce her pay from her husband's realtor business for $300 per week. She also worked last year as a fitness instructor from 4:30-7:30 pm 5 days a week and my grandson was in the gym's daycare during that time. She opened her own fitness gym in 03/08. When my son requested that she produce income from that employment, she started yelling and had to be removed to another room. She has refused to produce that income and will only accept the original amount of $475. The mediation ended and then my son was told by the mediator that the judge would tell him to let his jeep go, get rid of phone and anything else that he spent money on including food, and the child support would be kept the same. He would need to get a 2nd or 3rd job if necessary, and would be in jail every week until he was caught up. She stated that he would also be fined since he willingly sought employment with low pay and willingly decided not to pay CS. He has been paying small amounts since 01/08 as he could, so he has not stopped making payments at any time. He basically is broke. He did not willingly took jobs at a lower pay, which no person in their right mind would do! What is the point of having laws in this state (Fl)
He has been applying for other jobs, so it is not like he has not been concerned. He is behind $2177.94 which includes medical. He has been paying what he could, so he has not willingfuly stopped paying, and according to Florida statutes, requesting a modification was what he should be doing. This is such a joke!!! Any one else tangled with the Florida courts? If you haven't, don't bother is you are a father. The law is not followed here. We are broke from trying to help, and he is flat broke! He will be moving in with us this week. Please offer any suggestions, as there is no money to hire an attorney and Legal Aid will only take domestic violence cases; no attorney here is doing pro bono cases. He goes back for further mediation on June 2 and was told that the jail/fine would start that day. The ex has filed Contempt of court for Evidence of bad faith because in her opinion, my son has told my Grandson to ask to live with him. This is so untrue--he cries (also in school during the day) everytime he has to go back to his mother and begs to live with my son. She in turn calls him most Sunday and Monday evenings screaming at my son to quit telling him that, and to talk to him and get him calmed down so she can sleep. During these calls, the child is screaming in the background "no, it is not Daddy's idea, it is mine. I want to live with Daddy!". It is a very volatile situation to say the least. My son will not fight back with her and does remain very calm because of his son (7 years old). Please help.
Grammy in NW Fl
