Hello, My name isXXXXX really need advice about a child support issue in FL. My ex, lied on his financial affidavit and CS worksheet by reducing his income and because of that. I was awarded less child support. I later got hold of his pay stub and noticed that he lied to the court. I dont have much money to hire an attorney, so I read on the FL Rules of CIV Procedures that I can submit a motion for relief of Judgment. Fortunately for me I have a paralegal degree and I am capable of writing a motion. Please let me know if this motion is any good and if not, how can I improve it. thanks
IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT, IN AND FOR MIAMI-DADE COUNTY, FLORIDA
JUDGE: SANDY KARLAN
IN RE: LESLIE ALVARADO
JOSE LUIS TRIANA
PETITIONER'S MOTION FOR RELIEF FROM FINAL JUDGMENT OF PATERNITY
COMES NOW, Petitioner Leslie Alvarado, Pro-se, Moves this honorable court pursuant to FL Rule of Civ. Procedure 1.540 (b) for an Order Amending the Final Judgment of Paternity entered on May 21st, 2013, in this action for the following reasons:
1. On May 21st,XXXXXentered a final judgment of paternity and ordered the Respondent to Pay Child Support to the Petitioner. See Exhibit "A"
2. The Court determined child support by utilizing the Respondent's Net income within the Respondent's Financial Affidavit and the Respondent's child support guidelines worksheet that was filed on May 20th, 2013. See Exhibit "B"
3. The Respondent stated under penalty of perjury that his monthly gross income is $5,663.77 and that his net income is $4,806.96. Respondent also stated under penalty of perjury that he paid Mandatory Union Dues in the amount of $255.00 per month. Reference Exhibit "B"
4. The Court's determination of child support was entered because the Respondent Falsified his Financial Affidavit under penalty of perjury. The Respondent and Petitioner agreed that minimum wage would be imputed onto the petitioner. Minimum wage was imputed because the petitioner previously worked at minimum wage paying jobs and she also lacked skills and education, that if employed would render the petitioner to earn greater than the minimum wage. Despite the Respondent's knowledge of the Petitioner's qualifications and work history, the respondent nonetheless imputed $1,900.00 per month on the Petitioner. Because the court relied on an incorrect imputed income and fraudulent information within the Respondent's financial affidavit, the Respondent was ordered to pay less child support.
5. According to the Respondents most recent pay stub, the Respondent's monthly Gross income is $6,144.77 (Not $5,663.77). The Respondent's monthly income is broken-down into several different pay entitlements, both tax deductible and non- tax deductible. Those pay entitlements are as follows: Base pay $3,196.50 per month (Taxable Income), BAS $352.27 per month (Non-Taxable Income), BAH $2,115.00 per month (Housing Allowance/Non-Taxable Income), Special Duty Pay $450.00 per month (Non-Taxable Income) and, CONUS COLA $31.00 per month(Cost of Living Allowance, Non-Taxable Income). These pay entitlements add up to $6,144.77 per month. See Exhibit "C"
6. Respondent's Allowable deductions Per FL Statute 61.30 is $693.14 Per Month and the Respondent's Net Income is $5,451.63 (Not $4,806.96). Respondent's Allowable deductions are as follows: Federal Taxes $421.11 per month, FICA- SOC SECURITY $198.18, FICA-MEDICARE $46.35, SGLI (Life Insurance) $27.00 per month and, AFRH $.50 per month. The Deductions total to $693.14. Note: Respondents TSP (Thrift Saving Plan), TSP Loan, and Bank Account Allotment are not allowable deductions per Florida Statute. Reference Exhibit "C"
7.The Petitioner respectfully XXXXX XXXXX the Court adopt the Proposed Amended Final Judgment of Paternity and Proposed Amended The Child Support Guidelines Worksheet that reflects the Respondents correct income and Child Support. For the proposed Final Judgment and Proposed Child Support Worksheet. See Exhibit "D"
WHEREFORE, PETITIONER, Prays that this Court enter an Order Amending The Final Judgment of Paternity Due to the Respondent's falsification of his Financial Affidavit and Child Support Guidelines Worksheet. Petitioner also pray's impose any and all other relief that the court deems proper.
Hello: You did very good. The only substantive issue that I have is with Paragraph 4. Your statement there is confusing. Review it and correct. The rest is capitalization: In some cases you capitalize the "N" in Net Income and some cases you did not. You capitalize "P" in Petitioner and in some cases you did not and finally on Proposed Final Judgment... you capitalized the "P" in proposed and in some cases you did not.
besides the paragraph 4. Do you think that I have a good shot at success?
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