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LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 10484
Experience:  Experienced Family Law Attorney
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My son, for whom I pay child support, will turn 18 next

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My son, for whom I pay child support, will turn 18 next month. My support order was completed prior to 2010, has never been modified and does not include a termination date. My son is still in high school but will not graduate prior to reaching his 19th birthday. I see that I'm required to file a supplemental petition for modification and set a hearing in order to terminate child support. I also see that this supplemental petition requires financial affidavits. This raises my question. Should I file this petition and am denied termination, does the hearing officer or judge have the latitude to increase my support payments as the financial affidavits will show that I have a larger salary and the mother is unemployed?
What state is this in please?
Customer: replied 4 months ago.
Florida
Thanks, ***** ***** minutes please.
Customer: replied 4 months ago.
Take your time on it. Tomorrow is fine. Thank you
Thank you. Per code 743.07 the court can extend support until the child graduates from high school. Please see
http://www.flsenate.gov/Laws/Statutes/2013/743.07At any time up until then the court may modify support if the circumstances have changed ( i.e. increase of income to the obligor, decrease to the obligee).This discusses child support guidelineshttps://www.google.com/url?sa=t&source=web&rct=j&url=http://floridarevenue.com/dor/childsupport/guidelines.html&ved=0ahUKEwiv77j9mrLUAhUJPiYKHbQCDWIQFghoMA0&usg=AFQjCNGDDTDlsq5Jdtl8PUoXfkIj9qrB0A&sig2=BXgb4APNokmcg6B1iGeTXQBasically the court will typically only modify it upon request but the obligee will often make a request when the other party petitions the court.
Customer: replied 4 months ago.
34;Basically the court will typically only modify it upon request but the obligee will often make a request when the other party petitions the court."Is that to say that the obligee must file a counter petition to request an increase or can this request simply be made in the answer or verbally at the hearing?

Yes, a counter petition is required- the problem with family law is that some judges will go ahead and issue a modification without a counter petition and that would be appealable but if the end result is the same most parties won't contest it due to the cost of appellate review (since it wouldn't provide relief if the order is eventually modified).

Most courts follow proper procedure but I have seen in family law where they don't follow it to a tee. So in summary, a counter petition is technically required as it gives the other party the legal right to contest it.

LegalGems and other Family Law Specialists are ready to help you
Customer: replied 4 months ago.
Very good. Thank you

You are most welcome; thank you for the positive rating.
Enjoy the rest of your evening!