I was served with a supplemental petition for modification of child support by my ex wife and I know that i have 20 days to file my answer or counter petition but i was wondering how much time i have to file my financial affidavit? My ex hasn’t filed hers and shes using a lawyer this time (last year she tried to do th same think but without a lawyer and she dropped the case but what confuses me its that last time i was served the supplemental together with her financial affidavit. I appreciate your help.
Cary’s answer: There are two rules on this. Lets start with Florida Statute 61.30(14):
“(Every petition for child support or for modification of child support shall be accompanied by an affidavit which shows the party’s income, allowable deductions, and net income computed in accordance with this section. The affidavit shall be served at the same time that the petition is served. The respondent, whether or not a stipulation is entered, shall make an affidavit which shows the party’s income, allowable deductions, and net income computed in accordance with this section. The respondent shall include his or her affidavit with the answer to the petition or as soon thereafter as is practicable, but in any case at least 72 hours prior to any hearing on the finances of either party.”
So, your ex needed to have attached her financial affidavit to her supplemental petition. You, on the other hand, need to provide your financial affidavit with your answer, or as soon as you can, but at the very least, 72 hours prior to a hearing regarding either of your finances.
There is another rule, Rule 12.285 of the Florida Family Law Rules of Procedure. It states that you must file your financial affidavit, along with a slew of other required documents, within 45 days of service of the initial pleading. So, for example, if you were served on January 1, 2020, your deadline would be February 14, 2020 (45 days after January 1st). Therefore, if you did provide your financial affidavit with your answer, and you don’t need to worry about the 72 hour deadline because there are no upcoming hearings, you should — at the very least — provide your financial affidavit along with the other required documents within 45 days from the date you were served.
Hope this helps! Good luck!
My daughter mom responded to my petition for equality timeshare but she moved again and I’m scared how the case will move forward .Do I need to serve her again with the court date hearing
Cary’s answer: Where did she move to? Did she move more than 50 miles away from her initial residence? If so, check out Florida Statute 61.13001, which states that a parent cannot relocate more than 50 miles with a child during the pendency of a court proceeding without asking for the Court’s permission. The Court can actually order that the child be returned if the Mother did this. Now, if she relocated within 50 miles with the child, and the issue is that you’re just not sure of where she is and/or whether she will stay engaged in the case — you don’t need to re-serve her with your summons because she was already validly served once, and that’s all you need for service to proper. However, you should definitely try to find her new address and ensure that, moving forward, everything is mailed to her at that new address, both using regular mail and via certified/return receipt. Any Notices of Hearing for any upcoming hearing dates should be resent to her, just to be sure that she received them. You can also serve her via e-mail, as long as it’s an e-mail she regularly uses to communicate with you regarding this case. In other words — anything you can use to show the judge that she has been properly notified of the events in the case will help. Good luck!
I am divorced and my ex wife has been sending our child with a cell phone that must remain with the child at all times.The mom gets upset with the child if she forgets it(even to the store).I have discovered that there is a GPS app that is tracking the location of our child’s phone. I have since started turning the phone off during the visitation.The order is specific in stating that the child can contact the other parent once a day between the hours of 7:30-9.I have always had our child call her when she requests.The mom has threatened to contact a lawyer because I am turning off the device.I know that it is illegal in Florida under statute 934.425 to install tracking software into a minors phone without both parents consenting if they are divorced or separated.I have evidence of the GPS application and that it shows the device on the map and where it is located and also the speed.How do I go about filing a complaint about her breaking the law by installing software?If charges cannot be pressed, at least to have record of this event would be nice. Should I go to the police with what I have or should I file a motion of contempt on the parenting plan and to enforce the current plan?
Cary’s answer: Thank you for asking me to respond to this question.
You can’t file a Motion for Contempt if your Parenting Plan doesn’t specifically prohibit either of you to install a GPS device on the child’s phone. Contempt applies only when the Parenting Plan has specific language about what a parent can or cannot do, and a parent contravenes that specific language. Standard Parenting Plans don’t contain this GPS language. So, unless you specifically added during your negotiations, it’s probably not there.
I think your best bet is to reach out to your former wife in writing (via e-mail, if possible). Tell her that you have become aware of the GPS device and that you do not consent to it. Also ask her if she agrees to remove it from the child’s phone. Tell her that, while you wait for her response (and if she ultimately does not agree to remove it), you are still willing to comply with the Parenting Plan by permitting phone calls during the 7:30-9pm window on your own cell phone or home phone while the child’s phone remains off.
I would not go to the police with this. Although there is, indeed, a statute that prohibits this, I think contacting your former wife to get it removed and/or keeping the phone turned off is a better response. Not everything that can be handled by the police, should. Good luck!
