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salwo · Sep 5, 2008, 06:47 AM

I live in Florida and my ex-husband pays child support. He does pay but always on his terms.. in other words he makes sure to go on his vacations and pay his other bills first and then when he has the money he pays me now causing me to pay my bills late. I have never gone back to court but feel that I need to request a cost of living increase. Can I do this on my own (without a lawyer) through the courts? How is the cost of living increase calculated? Can there be any additional increase that would be retroactive when my older son was living with me but I never asked for an increase. My ex says it should be around $80 more but won't just pay it until I file proper paperwork. Can there also be anymore of an increase because I am now disabled and out of work? Please advise.

JudyKayTee · Sep 5, 2008, 07:04 AM

Originally Posted by salwo

I live in Florida and my ex-husband pays child support. He does pay but always on his terms..in other words he makes sure to go on his vacations and pay his other bills first and then when he has the money he pays me now causing me to pay my bills late. I have never gone back to court but feel that I need to request a cost of living increase. Can I do this on my own (without a lawyer) through the courts? How is the cost of living increase calculated? Can there be any additional increase that would be retroactive when my older son was living with me but I never asked for an increase. My ex says it should be around $80 more but won't just pay it until I file proper paperwork. Can there also be anymore of an increase due to the fact that I am now disabled and out of work?? Please advise.

There is no cost of living increase as such - it's based on changed circumstances which can, basically, be the same thing.

And, yes, you can go without an Attorney - the Courts tend to be family friendly. I never suggest it, particularly if your ex DOES have an Attorney, but it's possible.

And, no, you can't get paid more support for a time frame where you didn't ask for more support. It is not retroactive.l

There is a certain time frame between requests for increases, usually around two years.