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Generally speaking, if you have suffered an involuntary loss of income, whether temporarily or permanently, you may qualify for either a temporary or permanent modification of your support obligation. Under Florida law, a "substantial change of circumstances" such as a job loss or reduction of income due to a pandemic such as the COVID-19 coronavirus will be considered a substantial and “involuntary” change of circumstances. Whether you will ultimately be entitled to a temporary or permanent modification of the support obligation will depend on how much of a reduction of income you experienced and for how long. Also, you will need to document your efforts to find employment in your field with appropriate pay. It will also depend on whether and to what extent the other party's income and circumstances have changed. The time-sharing arrangement and parental responsibility plan will also play a large role in determining what if any adjustments should be made.
Under Florida law, even if you have suffered a reduction in or loss of income, in most cases you will be required to pay any child support or alimony that became due and owing between the time that your income decreased and the time that you filed the appropriate paperwork with the court or Department of Revenue to request a temporary or more permanent adjustment in the amount you owe.
This is the case because the court order awarding the other party child support or alimony will remain enforceable unless and until you take action to obtain a subsequent order from the court either changing the amount you are required to pay or ordering that you are not required to pay for a certain time period when the facts and circumstances warrant it. Also, an obligation to pay child support can NOT be stopped by filing for bankruptcy.
A failure to pay child support or alimony will usually be followed by the other party (or the Department of Revenue) initiating contempt proceedings against you. If the court finds that you owe more than $2,500.00 in back child support, you could face both local and international travel restrictions via (1) the suspension of your driver's license and (2) the suspension of your passport. In some enforcement cases, if the court finds that a person willfully refused to obey pay the child support when they had the ability to do so, an arrest warrant can be issued authorizing the sheriff's office to place the person in jail until they have paid what is called a "purge" amount.
You can take action now to protect your rights . Click to call us to live chat with us now. We are available for video, telephone, or in person appointments (with social distancing protocals in place).
Have you been served with court papers? Has a contractor placed a construction lien against your house and is threatening foreclosure? We may be able to help.
The Florida Supreme Court has made many family law-related forms available for your use free of charge. You can go it alone or you can put our experience to work for you.
It is our pleasure to offer you legal services in the following areas:
Serving the Fort Lauderdale, Palm Beach, and Miami surroundings areas for more than 14 years. We get in the trenches to fight our clients rights — protecting real estate rights, removing construction liens, stopping foreclosure, protecting your parental rights through paternity, child support, and divorce proceedings..
Licensed to practice law throughout the state of Florida since November 2005.
She is also licensed to practice law in the following Federal Courts in Florida:
She has helped many clients in the save their homes from foreclosure, remove construction liens, protect their real estate and business rights, and to protect their family rights to support, parent, and being involved in the lives of their children (i.e., in divorce, paternity, child support, and other matters).
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Starting in 2020, we will be offering both paid and free workshops both on-site and off-site regarding various legal topics.
Dalton Law Firm, P.A.
Office: 101 NE 3rd Avenue, Suite 1500, Fort Lauderdale, Florida 33301
Phone: (754) 238-5361
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