Modification Of My Child Support Order

by Barry
(Pensacola,FL )

It has been almost 3 years since my divorce was final. My ex-spouce and I had 6 children at the time the divorce was final. My spouse was represented by legal council and I was not during the divorce process and I don't feel like the judge listened to any of my pleas or concerns.


What can I expect in a review or request for modification. I have held my current employement for over a year now and have made the payments of 60% of gross income through payroll deduction to the state of Florida. The current court order of what I should be paying monthly is much higher than what I am able to pay, naturally each month I go farther into arrears. My oldest child has emanciated as of 11/24/2009 and I feel that my ex-wife is making more income than she was at the time of our divorce. I am wondering if the current system allows for a modification/adjustment to account for my earned wages.

In other words, will the courts adjust the amount of arrearage owed based on my income earned for the last year and half? Also, during the final hearing, the Judge stated that any arrearage incured was to be paid at the end of the support case. With that being said, can I demand that the state take my name off the national debt log ao that I may once again be eligible for a passport and receive an income tax refund? I do exercise my visitation rights with regularity, but its hard to buy groceries and have a home on what I am bringing home after support payments. I see my ex-wife remodeling her home, taking trips, and living the good life while I am faced with bankruptcy.. Any advice would be welcomed that could relieve me of some of this burden.

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Modification
by: Child Support America Team Member

Hi Barry,

The answer to your question is YES you may request a modification through your Child Support caseworker. In regards to the National Debt Log that can be tricky. Sometimes you may need a letter from an attorney to see these tasks accomplished. Have you ever attempted to file a modification motion yourself?

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