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I live in Florida- Ex Spouse/Children live in Connecticut

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  • I live in Florida- Ex Spouse/Children live in Connecticut

    We divorced in 2005. I was unemployed and my support was based on my wages in Connecticut. I moved to Florida in 2006. Since then I have held the same job. My wages are $20k less than Connecticut due mostly to cost of living difference. I would like to have my support modified but my ex is telling me she wants more. I was assigned to pay $170 per month for two children until the youngest turns 18 and $1530 in back support. The eldest turned 18 last year. I have been paying $800 a month for the past 60 months (out of good faith). I have satisfied my back support of $1530. My ex is demanding that I pay half of tuition for both children (one in private school and one in college). She also wants me to pay for health insurance. My divorce paperwork states that I should pay half of tuition (it does not clarify beyond that). Is this something that I could get modified? Is cost of living taken into account? I cannot afford $800 a month. My bring home for two weeks is $1000. I am remarried and have one step child although I do not think I can take her into account for anything nor my wife's income.

  • #2
    Re: I live in Florida- Ex Spouse/Children live in Connecticut

    I wish to inform you that you may file a petition to modify the child support payable. You may inform the court that there has been a reduction in your yearly income on move to Florida. The petition will be filed in the same court which awarded the child support as it has continuing jurisdiction in this matter. The court always considers the best interests of the child in addition to the change in the financial circumstances of a parent. You may read the pro se guide online on your court Website for guidance. The court will consider all the facts and decide the matter.

    AFF

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    • #3
      Re: I live in Florida- Ex Spouse/Children live in Connecticut

      It is pertinent to note that one can make request to the court to modify the existing court order in case of ‘change in circumstances’, which is variation of income in the present scenario. The court, usually will not consider altering a child custody arrangement since it is applicable to both the parties and also the court will not consider interrupting a child's way of life and well-being for frivolous reasons to ensure that the best interests of the child are served. Though these are the conditions prevailing, a court will scrutinize the reasons why a parent would consider altering a child custody arrangement to proceed with the same.

      It is always advisable to seek the assistance of an attorney who can help answer any questions you may have.

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      • #4
        Re: I live in Florida- Ex Spouse/Children live in Connecticut

        Originally posted by sunnyflorida View Post
        We divorced in 2005. I was unemployed and my support was based on my wages in Connecticut. I moved to Florida in 2006. Since then I have held the same job. My wages are $20k less than Connecticut due mostly to cost of living difference. I would like to have my support modified but my ex is telling me she wants more. I was assigned to pay $170 per month for two children until the youngest turns 18 and $1530 in back support. The eldest turned 18 last year. I have been paying $800 a month for the past 60 months (out of good faith). I have satisfied my back support of $1530. My ex is demanding that I pay half of tuition for both children (one in private school and one in college). She also wants me to pay for health insurance. My divorce paperwork states that I should pay half of tuition (it does not clarify beyond that). Is this something that I could get modified? Is cost of living taken into account? I cannot afford $800 a month. My bring home for two weeks is $1000. I am remarried and have one step child although I do not think I can take her into account for anything nor my wife's income.
        There have been many changes of circumstances in the past almost six years since the decree was entered so a modification is called for. Although wages and living costs are higher in CT, generally, than FLorida, the court will look at the situation now -- what your earnings are, expenses, the children's expenses and living costs -- and rule accordingly.

        You are correct in that you cannot claim responsibility for your stepchild's support nor would your wife's income be taken into account -- other than to reduce your living expenses when support is calculated.

        As to the college expense, that may be up for modification, too based upon your current circumstances. The petition to modify would have to be filed, of course, in Connecticut through the original divorce/custody action.

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