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 can modify a divorce decree if both parties agree or if there's a significant change in circumstances. Modifications typically affect future support payments. If your ex has defaulted on medical support for over three years, this may influence the court's decision on any modification.
It's important to note that modifications usually apply to future payments and are not retroactive. This means any past due medical support may still be owed and treated as child support arrears. The court may require clarification on how any delinquent payments will be handled in the modification.
While some aspects of a divorce decree, like property division, are final and cannot be modified, child support can be adjusted based on significant changes, such as income changes or other relevant factors. Ultimately, the court's goal is to act in the best interests of the child. If a modification is granted, the court will issue an enforceable order.
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.