FL CS Modification

[jcekae07]

Hello. A few months ago I applied for a CS modification through the state. I rcvd a letter stating that a modification was warranted. I called the state and agreed to the amount. However, ex did not agree to the amount.

A little history. I currently live out of Florida and I am making about 30-40% less doing the same field in my new state. Thus I applied for a modification.

Ex is telling me that she is going to get an attorney and fight me to have the support raised. She states that she will also make me pay her attorney's fees.

Questions:

1. Will I be resp for her attorney fees?
2. Will they require 3 yrs of tax returns, bank statements, etc?
3. Will the state represent me?

Thank you so much for your time. State is Florida.

[Attorney Howard Iken]

Attorney fees are entirely up to the judge. But normally, in DOR / child support hearings, attorney fees are not awarded. The attorney for the DOR works for the Florida Attorney General offices and as such they do not generate attorney fee expenses.

They can request your financial documents so be prepared with them.

I have not seen child support obligors represented by the Attorney General's Office. They seem to exist to represent the person that receives child support.

Attorney Howard Iken
The Divorce Center

[jcekae07]

I finally got a copy of the Supplimental Petition for modification that was filed on my behalf by the State of Florida. They are infact doing a limited representation. So, in my case, they are representing the NCP as the respondent. However, I know that this is limited in the sense that they will only discuss the modification at the hearing and will have no consult with me, correct?

I read Florida Rule 12.285 Mandatory Disclosure. The state attorney put on the Supp Petition that this is unnecessary in this case. Can the exs attorney ask for in anyway?

Also, do you represent in Orange County or can you refer to an attorney in Orange County?

Thanks!

[Attorney Howard Iken]

Yes, both sides have the right to ask for additional disclosure.

I am not sure what limited representation means in this case.

Sorry but we do not handle Orange County and have no valid referrals.