Modifications

Question 1

What do you have to prove at a basic level to modify:
ED
Custody
Child support
Alimony

Answer 1

ED - can’t
Custody- substnatial change
Child support - changed circumstance (whole list)
Alimony - depends on type/contract

Question 2

Is there a higher burden to modify alimony by MSA or by FJDOM?

Answer 2

Some say higher for MSA - circuit split

Question 3

M moves for increase in CS. Court awards decrease. What happens?

Answer 3

Appeal, wasn’t asked for. Just deny increase.

Question 4

Venue for modification of child support?

Answer 4

Basically anywhere someone has a connection. If tie, petitioner picks

Question 5

How does FL define a substantial change to warranty a change in child support?

Answer 5

15% or $50, whichever is greater

Question 6

MSA says child support goes to age 21 if child lives at home. Child’s at college. Does he get CS?

Answer 6

NO

Question 7

What must a parent allege to have CS go past majority?

Answer 7

Must have condition which makes them dependent before turns 18. Don’t need adjudication, just the issue being present.

Question 8

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?

Answer 8

Only if he files petition. Otherwise, no change.

Question 9

What’s the burden of proof to modify child support?

Answer 9

Substnatial change that is SMIP since last order.

Question 10

H pays CS. Goes to jail. Does he get to reduce CS?

Answer 10

No, you hold it in abeyance

Question 11

What is a “material” change?

Answer 11

Not known at time of initial order.

Question 12

What is a “permanent” change for modofication?

Answer 12

1 year or else it’s temporayr change and no modification

Question 13

H pays CS. Owes $2000 in arrearages when child turns 18. Does he have to pay?

Answer 13

Yes. Vested right to kid.

Question 14

Can a court order CS until Hs graduation?

Answer 14

Yes, if court determiens it is appropriate bsed on the circumstances.

Question 15

What is the phrase about CS in high school?

Answer 15

If child is between 18-19, still in HS, performing in good faith with reasonable expecation of graduation before age 19

Question 16

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?

Answer 16

Does not get money for child care she didn’t use.

Question 17

Child has increased needs for CS. M petitions to modify. H does not have increased ability to pay. Grant or deny?

Answer 17

Deny, must have ability to pay more

Question 18

M files petition to modify CS. CSG says $2132/mo, and court makes it $2100 even. Response?

Answer 18

Nope, must use CSG.

Question 19

How do you get personal J in FL under UIFSA?

Answer 19

Personal service
Consent
Lived with child in FL
Lived solo IN FL
Conceived IN FL

Question 20

how to register GA CS order in FL?

Answer 20

Letter of transmital
2 copies, 1 certified
Sworn statement of arrearage
Name/address/SSN/property of payor

Question 21

Once GA CS order is regsitered in FL, can it modify? Can it enforce?

Answer 21

Enforce, yes

Modify, no, UNLESS everyone left GA, M is not FL resident, personal J over F

Question 22

What is standard of review on appeal for modifications?

Answer 22

Abuse of discretion

Question 23

OC wants to subpoena new spouse’s income records. They aren’t relevant. What do you file?

Answer 23

MPO, and if granted, writ of cert

Question 24

Where is venue to modify alimony?

Answer 24

Where anyone lived when signed, when filed, or where agreement was signed

Question 25

What must you plead to modify alimony?

Answer 25

Substantial change in circumstances not contemplated at time of FJDOM that is significant, material, involuntary, permanent.

Question 26

W needs $5k/mo in alimony. H can pay $10k so W moves to modify. Response?

Answer 26

Deny, unless needs aren’t being met

Question 27

Can you modify rehab alimony?

Answer 27

Yes

Question 28

What is the focus on whether you can extend rehab alimony?

Answer 28

Did person rehab, and if not, did they use good faith? Will they ever become self-supporting?

Question 29

Can you modify durational alimony?

Answer 29

Amount, not length, absent exceptional circumstances

Question 30

What is the point of the Pimm case?

Answer 30

See if retirement is reasonable for modification purposes.

Look at age, typcial retirement age, motivation, effect on recipient.

Question 31

H/W have alimony award from France. W wants to modify in FL where H/W live. Response?

Answer 31

No, cannot modify foreign alimony order. Can enforce.

Question 32

Court says alimony of $1k/mo until mortgage paid off, then $500/mo. Response?

Answer 32

Permitted.

Question 33

Court says alimony of $5k/mo, reducing to $1k/mo when children graduate. Response?

Answer 33

Can’t do that.

Question 34

W gets alimony. Stay at home mom. H moves to modify downward. Files motion for vocational to impute income to W. REsponse?

Answer 34

Deny - if MSA does’nt say she gets a job, you can’t impute.

Question 35

Can a DV injunction be modified?

Answer 35

Yes, always.

H argue: continuing serves no purpose (like moved to Hawaii)
W argue: maintains reasonable fear of victim again

Question 36

By itself, is DV in front of children enough to modify PP?

Answer 36

Yes, that constitutes a substantial change.