Child support modification

[pjo]

My children's father is going to modify his child support. We were divorced in April of 2008 and I know some laws have changed since then. In our settlement agreement it stipulates that he will pay support until the children reach eighteen, die, marry, or otherwise become emancipated whichever occurs first. However, it also states that if the children are full time students residing with me that child support shall continue until the child graduates. My daughter lives on campus during the school year but comes home for holidays and usually summers. This summer she had to attend summer school so she is still residing at college. Would they still consider her residing with me? He now says that he is no longer responsible for them past 18 that laws have changed. Is this true or is our divorce agreement binding?

Second, he has taken early retirement from the police force at the age of 51. He not only wants to have the child support calculated on his retirement pay but on a reduced retirement pay since he took a lump sum up front. I don�t think this is fair especially because there was no reason he couldn�t continue to work. Can he do this or does he have to figure it out on his last full-time salary? He retired in Feb 2010.

Lastly, he has not filed any paperwork but figured out what he now thinks he should pay and reduced the child support on his own. He said he was told he could do this until the paperwork was filed. He has paid me a reduced amount for the last two months. When he was working for the police department the payment was taken out of his check but when he quit I agreed he could just pay me directly.

[Attorney Howard Iken]

Florida law has specified 18, or 19 if still in HS for a long time. That is not a recent change. But your agreement is interesting. Just because the statute says something different does not make your agreement unenforceable. Agreements can modify statutory rights. This is something the lawyers will have to argue in front of a judge.

Retirement - sounds like early retirement and something we call "voluntary underemployment." I think the court may impute income, or in other words treat him as if he is still earning the higher amount. Again, an argument for court.

The last order is still in effect until a court changes it. So you could file a Motion for Contempt and schedule a hearing.