Child Support Modification

[Stan Sommer]

I pay child support bi weekly via a IDO for my 2 daughters living in Orlando Florida. In May my older daughter will turn 18. Does child support automatically recalculate for my 1 daughter that will still be a minor? Do I need to go before the judge to have it modified?

I also have "non modifiable alimony" in my divorce agreement. I didnt know what that actually meant when I signed the divorce documents. Financially, I am unable to make alimony payments any longer. Is there any case law of this type of alimony being reduced or eliminated?

[Attorney Cheri Hobbs]

For your child support question, once your eldest daughter turns 18 years old and has graduated from high school, you will need to file a Supplemental Petition to Modify Child Support in the underlying family law case and tell the court that the substantial change in circumstance is you are now only supporting one child. OR you can contact the Department of Revenue Child Support Enforcement to do a review of your child support amount. Because it is being deducted by IDO you do not want to wait around to do this. You will receive credit for any overage you pay so long as there is a pending motion to modify filed.

For non-modifiable alimony, without reviewing your document I cannot answer this question. Sometimes there are conditions that when met allow the alimony to be modified. However, if it is "true" non-modifiable alimony then you nor the ex can modify it.