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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118750
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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Do you practice law in FL? I live in AL and my child lives

Customer Question

Do you practice law in FL?
JA: Have you talked to a lawyer yet?
Customer: I live in AL and my child lives in FL. I never received and financial forms and they have at $949 a month CS and my income is between 1400 - 1700 a month I have asked for modification for years and never nothing done. I pay 150 a month as that what I can afford and I am wanting to see how could I get my order moved to my resident state and seek modification. Is this possible?
JA: Anything else you want the lawyer to know before I connect you?
Customer: This is the main things at this time
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am afraid that if the court order is in FL, you cannot move the order to your resident state as the child is still in FL. If you have filed your modification through child support services and they have not taken action, then you have to file a "Motion for Modification" in the actual family court in FL where the order was entered and would have to present proof of how your income has significantly decreased since the order was entered.
The court cannot reduce support from what was entered unless you prove there was a significant change in your financial circumstances since the support order was issued.
So your burden of proof is to show the significant change in financial circumstances and it would have to be filed as a motion to modify in the FL Court as they retain jurisdiction as long as the child lives in FL.