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I suggest that you can Petition the Court to set aside the MSA that has been signed June 21st 2103.
And, I suggest that you can talk to your attorney about that.
Keep in mind, however that Child Support is based on one's "earning capacity" and so it may be that the child support will never change and you will be required to pay it and the Court will not care if you have to work 1, 2 or 3 jobs to do that.
Now, if there is inconsistency with the MSA because there is money that your ex should also be paying back, then that is something the court will surely consider.
At any rate,, filing the Petition to Set Aside the MSA is the first step.
Thank you for the additional information. If the Judge has not signed it, then request your attorney to file an Amendment or Modification to the MSA.
The problem it seems is that it might have to be redone from scratch. And in that case, if your spouse is not willing to cooperate and the Judge signs it then you will need the Petition
As this juncture, I suggest you call your attorney and tell them to have the MSA stopped - so that you can review it and amend it
Thank you very much for your clear advise. Do you recommendations apply for Florida?
Either way, I will look into both suggestions. Hopefully, my spouse will be willing to cooperate, although I am doubtful.
I appreciate your time and useful advice.
Yes, all suggestions are in regard to Florida law.
if you do not want to proceed with your attorney in this matter, then have them withdraw from the case and then write your wife's attorney a letter and state the problems and then that you want to have it amended or you will have to file a Petition to Set Aside.
That letter needs to be mailed certified with a return receipt so you can show the court you tried to settle and fix this out of court. That might give you a chance to recoup attorney's fees should you have to pay any for this.
Firstly, thank you for your prompt and complete responses. I am completed exhausted from this process that began in July 2011.
I will follow your advice on modifying the MSA. How does that work, do out lawyer go and argue it out or do both lawyers present why it should or should not be modified?
The issue with Child Support is that we completed the Child Support Worksheets based on my spouse moving out of country and me have the children at least 22% of the time. I completed worksheets that also have Child Support worked out for the time she is still in the are and Time Share should be 50/50, so Child Support is greatly reduced. However, she only submitted the worksheets reflecting the Child Support based time share when she has them the majority of the time.
The MSA states, "The Husband shall tender the first child support payment directly to the Wife in the amounts outline above on or before July 1, 2013."
Does this mean, it will not be adjusted for the remainder of the time that she is in the area when time share is 50/50. She did not submit the worksheets with the 50/50 time share and we don't know if she will be here for 4 months or 16 months. She will not say.
Finally, the is a paragraph that states:
"The parties agree that the Wife will undertake new employment when she relocates from XXXXX with the minor children. Once the Wife is employed, the parties both agree to provide to one another with current earnings information, including verification of income, to facilitate the recalculation of child support given the changes in the respective earnings of the parties. This process will occur automatically and will not require additional or proceedings."
Does this recalculation only happen when she relocates and undertakes new employment? Or does this statement encompass the entire issue of Child support and it being recalculated as changes come up? My salary changed 5 days ago, with a reduction of $3000 (housing allowance), I am not eligible now. I am afraid she will fight this.
I am sorry that you are feeling so exhausted from this process. It can take a toll. 1 - Yes, there will be a court hearing on this matter. 2 - I suggest once you file to set aside or amend she will have to provide another financial as will you and so it will be adjusted accordingly if the judge deems appropriate
3 - It appears the recalculation will occur once there is the relocation. However, you can have the order modified whenever there is a substantial change in financial circumstances
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