My husband was served with a supplemental petition to modify child support. The ex wife is claiming that she has gone back to full time work which would make it necessary to pay for child care, my husband is in the military and because we got married he receives BAH (basic allowance for housing) to support me because spouses are not allowed to live in the barracks. She is claiming because he had that increase that he owes her more money, but the only reason he's getting it is me, meaning this is not a raise.

While they were married she demanded that he give her half off that BAH money. Their divorce was filed in feb 2013 with a judgment of 500.00 per month for child support based on his pay. He only owed 400 but asked to pay 500 because he wants to help support his daughter who is 2. Their divorce wasn't finalized so she still demanded her 800.00 a month and he gave it to her till July 2013. The ex wife lives in Florida and my husband is stationed in California. She is claiming that he is refusing to exercise time sharing and because of this it has cost her more for child care. He's in the military and can't go to Florida whenever he wants.

We believe that she is not doing this for the best interest of the child, instead she wants the money because she is angry. She has moved out of her house and doesn't pay rent, she also didn't notify him of his daughters new address and she has changed her phone number and blocked mine. So we can't even get a hold of her. The daughter is occasionally babysat by two women who smoke marijuana and the child recently got hurt in their care. She was not taken to the doctor to our knowledge and had a wound on her face that was really big. The ex wife never called to let my husband know the child was hurt.

How do we take care of these matters?

How do we take care of
these matters?

He needs to consult with a family law attorney in Florida, preferably in the county where the ex wife and child are located.

In any event, he needs to respond to the petition in the required time by filing something with the court.

It doesn't appear to me that increased child care, because she is working full time is warranted, but that is something his attorney can advise him about.

It would seem counter charges are more in order than a dismissal, but a lawyer from the proper jurisdiction, hers, would be the best way to go. It's your husband who has to get the ball rolling, but finding a local attorney to act in your behalf in her location would be ideal for you to find.

Does he have a hearing date?

It would seem counter charges are more in order than a dismissal, but a lawyer from the proper jurisdiction, hers, would be the best way to go.

As far as the claim for increased child support is concerned, I believe that a motion to dismiss would be the best way to go. I agree with OP that the ex is flat-out wrong concerning the BAH, and suspect that any judge will agree with me. Similarly, with respect to daycare. Thus rather than sift through evidence and figures, the judge may well want to simply dismiss the petition.

But, if OP's husband wants to change custody, a counter-motion would indeed be in order.

Keep in mind that, in Florida, the judges usually won't rule on a motion unless a hearing is held. So, if you want the issue resolved you have to ask for a hearing. OP's husband, if he doesn't ask for a hearing could be stuck, a year or more from now, with an order that he pay increased child support retroactive to the date of the filing of the petition to modify.

The most important thing is to be at the hearing, and its unclear if the ex is represented or not. And while a motion to dismiss is great, it better not be the only strategy. I guess that's my real issue here is the real possibility the ex has retained at least some kind of legal aid which puts her at a advantage. Given the expenses and distance, just filing a motion may be inadequate.

Maybe the OP can supply the answer to if the ex is represented, or not from her summons/hearing notice. That would be a crucial it of information.

But one can hope a motion to dismiss would be sufficient, as there is nothing to lose by filing. But no one can say what the judge will do as clear cut as it is to the OP.

All that business about not providing a point of contact and who is caring for the child is immaterial in a support hearing. It would only be applicable if you were looking to change custody.