Full question:
Last summer I filed contempt charges against my ex wife since she has not been supplying medical coverage for our child. I've never been divorced before, so all this has been new to me. I have always placed my daughter first and foremost in my life and never wanted to hear that I am a deadbeat dad. So, I do all I can and am asked to do without thinking. But once I learned about referring to the divorce decree, I noticed that I was doing both paying support and medical when she was to pay for medical. She has been in default for over 3 years. When I presented to her that she could be charged for civil contempt she began to tell me that she could loose her job. I've noticed how she gets towards our daughter when we argue so when she told me that she could raise my support if I did not modify I was scared and caved in. I appeased her by modifying the decree to have me take over medical. If she has not been providing medical support for over the past 3 years, can we modify the decree if she has not been providing medical? Is it safe to assume that the modification is not really valid since she had been in default?
- Category: Divorce
- Subcategory: Modification
- Date:
- State: Florida
Answer:
A court may grant a motion for a modification of a divorce decree when the parties consent to the modification or when a significant change of circumstances justifies the modification. A modification generally affects future support payments. Typically, the current default of one party will be taken into consideration in making the modification by stating how any delinquent payments owed will be treated. Past due medical support is often considered part of child support arrearages when calculating amounts owed. The modification is usually made to apply to future payments only and is not retroactive, so that arrearages are still owed. Collection of arrearages may occur separately from the modification. Failure to provide for past due support in a modification will not necessarily void the modification, but may require a clarification by the court.
Certain aspects of the decree are modifiable, while others are not. The property division is not modifiable by the court. It is final. Child support may be modified if there is a significant change of circumstances. A significant change of circumstances may include, among others, a substantial increase or decrease in income, emancipation of a child, or contribution to expenses by another due to cohabitation or remarriage. The court's decision to grant a modification is based on the best interests of the child. If granted, the court will issue an order. When the order is made, the requests in the motion/petition become enforceable.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
