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Counter-Petition to Modification to Time-Sharing Schedule

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  • Counter-Petition to Modification to Time-Sharing Schedule

    State of FL.

    I filed a supplemental petition to modify time-sharing / parenting plan and attached a proposed visitation schedule. My ex currently has my daughter 20% of the time and my plan would actually increase his time to 35%. He refused this increase and that is why we are going to court now.

    He now has filed a counter-petition stating he agrees a change in schedule is best, but he wants an equal 50% of time. He, of course, is then asking that his child support be reduced. But no proposed schedule was attached to his counter-petition. Should it have been? Does he need to file it? How would I get my hands on a copy of it to even agree or disagree with it?

    If I prevail, will his increase from the 20% to 35% get him a decrease in support? Or does it have to be 50%. What are the advantages to him of having her 50%? I know he doesn't actually want her that often.

  • #2
    Re: Counter-Petition to Modification to Time-Sharing Schedule

    I don't think the increase to 35% will reduce support but check with your child support enforcement office there.

    I did not change mine when that happened but I am not in FL.


    • #3
      Re: Counter-Petition to Modification to Time-Sharing Schedule

      It can change:

      Once ordered, the child support payment cannot change except by a change in the court order. A party may ask for a modification of their child support order for reasons such as an increase in either parent's earnings--this can include additional income from remarriage, a decrease in income due to a job change, a change in custody--in which the child support order may be reversed,

      a change in the amount of time the child spends with each parent,

      or the specific needs of a child or either parent change due to a medical disability, etc.


      • #4
        Re: Counter-Petition to Modification to Time-Sharing Schedule

        Florida actually uses the 40/60 split, not 50/50. Understand though, even if you change the time to 35/65, his support can go up, go down, or stay the same. Florida also has a rule that support in order to chnage, must be a difference of 15% or 75$ which ever is greater.


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