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Allan J. Weltman
Family Mediator, Florida Supreme Court Certified County Mediator, Florida Supreme Court Qualified Arbitrator
Supplemental Petition for Modification of:
b. Child Support
The "Settlement Agreement" reached by during a dissolution of marriage action can be modified for alimony, child support and custody due to a "substantial change". This can be done in two ways.
1. The parties are in agreement with the change. In this case a stipulated agreement of the parties can be drafted and filed in the court. The stipulated agreement will modify the "Settlement Agreement". In the case of alimony or custody, an agreement of the parties is usually accepted by the court. Child support is a different matter. A new child support guide line must be prepared. If you deviate more than 5%, the court must approve of the deviation. Stipulated agreements will only be prepared with mediation.
2. The parties are not in agreement with the change. In this case a Supplemental Petition for Modification must be filed in the Court, and served on the other party. The other party will file an answer. Each party must disclose their financial information to each other. After this formality, the matter will be heard by a hearing officer or Judge.
In both cases a large number of documents must be prepared and filed in the court. The Divorce & Bankruptcy Center can assist you in the preparation of the Florida Supreme Court approved Forms. The Divorce & Bankruptcy Center is not a law firm, and cannot provide you with legal advice. Additional information regarding these forms can be found at the following web site. http://www.flcourts.org/
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