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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 112669
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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Divorced in 2007, florida, myself a non custodial parent ordered

Resolved Question:

Divorced in 2007, florida, myself a non custodial parent ordered to pay an outlandish child support for two children. Represented by attorneys (both sides) No child support guideline worksheet was ever filed, during divorce or in final court hearings. According to Child support worksheet, at the time of divorce, our combined net income would have to be tripple of what was stated in divorce decree. Can I receive reimbursment for the past 4 years overpayment due to the fact of newly discovered evidence? The fact of no guideline worksheet was brought to my attention this past month by the magistrate when I had filed a downward modification myself, and lost. The existing child support order never addressed a termination date or the law of emancipation & is generic in nature. X wife, child support division, states "This is a per order" to be paid until the youngest turns 18.In the final decree, it does not state this is a per order. Presently my sons are 18 & 17 and still paying support based on salary (tripple) from 2007. What recoarse do I have?
Submitted: 5 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 5 years ago.
I am afraid that you would not be able to get any refund of anything you may have overpaid in support. You had 30 days from the date when the judge issued that ruling to have appealed this matter and if you did not appeal within that time, you cannot go back now an complain about the decision, you can only seek modification. Child support is paid in FL until the children are 18 or graduate high school. A modification is your only chance and the FL courts dislike pro se litigants, but if you properly present the significant difference in your salary from what was used at the time of the judgment, the law states support should be reduced by the courts.

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