Modifications Flashcards
What do you have to prove at a basic level to modify: ED Custody Child support Alimony
ED - can’t
Custody- substnatial change
Child support - changed circumstance (whole list)
Alimony - depends on type/contract
Is there a higher burden to modify alimony by MSA or by FJDOM?
Some say higher for MSA - circuit split
M moves for increase in CS. Court awards decrease. What happens?
Appeal, wasn’t asked for. Just deny increase.
Venue for modification of child support?
Basically anywhere someone has a connection. If tie, petitioner picks
How does FL define a substantial change to warranty a change in child support?
15% or $50, whichever is greater
MSA says child support goes to age 21 if child lives at home. Child’s at college. Does he get CS?
NO
What must a parent allege to have CS go past majority?
Must have condition which makes them dependent before turns 18. Don’t need adjudication, just the issue being present.
H/W have 2 kids. CS per MSA says 2000/mo. 1 kid graduates. Dad wants to reduce. Can he?
What if MSA says it reduces to $1500/mo after garduation?
Only if he files petition. Otherwise, no change.
What’s the burden of proof to modify child support?
Substnatial change that is SMIP since last order.
H pays CS. Goes to jail. Does he get to reduce CS?
No, you hold it in abeyance
What is a “material” change?
Not known at time of initial order.
What is a “permanent” change for modofication?
1 year or else it’s temporayr change and no modification
H pays CS. Owes $2000 in arrearages when child turns 18. Does he have to pay?
Yes. Vested right to kid.
Can a court order CS until Hs graduation?
Yes, if court determiens it is appropriate bsed on the circumstances.
What is the phrase about CS in high school?
If child is between 18-19, still in HS, performing in good faith with reasonable expecation of graduation before age 19
H had to pay CS. The CS number included a compenent for child care for W. H didn’t pay and accrued arrearage. W didn’t use child care. Does W get the original amount or a diff amount?
Does not get money for child care she didn’t use.
Child has increased needs for CS. M petitions to modify. H does not have increased ability to pay. Grant or deny?
Deny, must have ability to pay more
M files petition to modify CS. CSG says $2132/mo, and court makes it $2100 even. Response?
Nope, must use CSG.
How do you get personal J in FL under UIFSA?
Personal service Consent Lived with child in FL Lived solo IN FL Conceived IN FL
how to register GA CS order in FL?
Letter of transmital
2 copies, 1 certified
Sworn statement of arrearage
Name/address/SSN/property of payor
Once GA CS order is regsitered in FL, can it modify? Can it enforce?
Enforce, yes
Modify, no, UNLESS everyone left GA, M is not FL resident, personal J over F
What is standard of review on appeal for modifications?
Abuse of discretion
OC wants to subpoena new spouse’s income records. They aren’t relevant. What do you file?
MPO, and if granted, writ of cert
Where is venue to modify alimony?
Where anyone lived when signed, when filed, or where agreement was signed
What must you plead to modify alimony?
Substantial change in circumstances not contemplated at time of FJDOM that is significant, material, involuntary, permanent.
W needs $5k/mo in alimony. H can pay $10k so W moves to modify. Response?
Deny, unless needs aren’t being met
Can you modify rehab alimony?
Yes
What is the focus on whether you can extend rehab alimony?
Did person rehab, and if not, did they use good faith? Will they ever become self-supporting?
Can you modify durational alimony?
Amount, not length, absent exceptional circumstances
What is the point of the Pimm case?
See if retirement is reasonable for modification purposes.
Look at age, typcial retirement age, motivation, effect on recipient.
H/W have alimony award from France. W wants to modify in FL where H/W live. Response?
No, cannot modify foreign alimony order. Can enforce.
Court says alimony of $1k/mo until mortgage paid off, then $500/mo. Response?
Permitted.
Court says alimony of $5k/mo, reducing to $1k/mo when children graduate. Response?
Can’t do that.
W gets alimony. Stay at home mom. H moves to modify downward. Files motion for vocational to impute income to W. REsponse?
Deny - if MSA does’nt say she gets a job, you can’t impute.
Can a DV injunction be modified?
Yes, always.
H argue: continuing serves no purpose (like moved to Hawaii)
W argue: maintains reasonable fear of victim again
By itself, is DV in front of children enough to modify PP?
Yes, that constitutes a substantial change.
