FORMER WIFE’S VERIFIED SUPPLEMENTAL PETITION FOR MODIFICATION OF SHARED PARENTAL RESPONSIBILITY TO SOLE PARENTAL RESPONSIBILITY; MODIFICATION OF TIMESHARING, PETITION FOR MODIFICATION OF CHILD SUPPORT AND FOR OTHER RELIEF
IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA
In Re: The Former Marriage of Case Number:
JAMIE CROWN,
Petitioner/Former Wife,
and
JACK KING,
Respondent/Former Husband.
_____________________________________/
FORMER WIFE’S VERIFIED SUPPLEMENTAL PETITION FOR MODIFICATION OF SHARED PARENTAL RESPONSIBILITY TO SOLE PARENTAL RESPONSIBILITY; MODIFICATION OF TIMESHARING, PETITION FOR MODIFICATION OF CHILD SUPPORT AND FOR OTHER RELIEF
The Petitioner/Former Wife, JAMIE CROWN, on his own verification and through his
undersigned counsel, hereby files her Verified Supplemental Petition for Modification
Shared Parental Responsibility to Sole Parental Responsibility; Modification of
Timesharing, Petition for Modification of Child Support and for Other Relief, and as
grounds therefore states the following:
COUNT I
PETITION FOR MODIFICATION OF SHARED PARENTAL RESPONSIBILITY TO SOLE PARENTAL RESPONSIBILITY AND MODIFICATION OF TIMESHARING
- This Court has continuing jurisdiction to entertain a Petition for Modification of Shared Parental Responsibility to Sole Parental Responsibility, Modification of Timesharing and Modification of Child Support and for Enforcement pursuant to Florida Statutes.
- Pursuant to the Final Judgment of Dissolution of Marriage Wife Minor Children and Mediated Settlement Agreement and Parenting Plan, the Father was awarded timesharing with the minor children, XX, born on xx/xx/20__, XX, born on xx/xx/20__
XX, born on xx/xx/20__ as follows:
- Alternating weekends and alternating Wednesday and alternating Thursdays.
- Since the entry of the Final Judgment of Paternity there has been a
substantial change of circumstances which warrants a modification of the Final Judgment as to timesharing due to the following:
- The Former Husband doesn’t exercise the timesharing he was awarded. He doesn’t take the children overnight.
- The Former Husband doesn’t share parental responsibility at all. He leaves all decision making and parental responsibility to the Former Wife. He doesn’t attend the school functions including open houses and other events.
- The Former Husband doesn’t do homework with the children or encourage them to do homework when with him and their homework is incomplete on his days with them.
- The Former Husband doesn’t co-parent with the Former Wife. He refuses to discuss the children with the Former Wife.
- The Former Wife believes the Former Husband smokes pot and does other drugs and that is the reason he is uninvolved. It is in the best interests of the children for him to be drug tested.
- The Former Husband works two (2) jobs and still doesn’t co-parent.
- The Former Husband doesn’t have adequate sleeping arrangements for the children. He rents a room out and doesn’t have any room for them to stay overnight.
- The Former Husband doesn’t participate in school or medical decisions. The Former Husband doesn’t attend any doctor appointments.
- The Former Husband has dropped off the youngest child at daycare twice when the child was sick and the Former Wife has to pick up the child from daycare.
- The timesharing schedule presently in place is not in the best interest of the children and is detrimental to the children.
- It is in the best interest of the children that the Former Husband’s timesharing be modified and supervised.
- The Former Husband’s judgment is impaired and his behavior is irrational.
- The Former Husband needs to complete NA or other program prior to any unsupervised timesharing.
COUNT II PETITION FOR MODIFICATION OF CHILD SUPPORT AND CHILDREN’S DEPENDENCY EXEMPTIONS
- The Mother realleges and reavers paragraphs 1 through 3 of Count I, as though fully set forth herein.
- A Final Judgment was entered which incorporated a Mediated Settlement Agreement and Parenting Plan, dated XXXXX XX, 20__, (copy is attached hereto as Exhibit “A”).
- Pursuant to the Final Judgment, XXXX XX, 20__ the Father was ordered to pay $380.06 per month as and for child support.
- Since the entry of the Final Judgment there has been a substantial change of circumstances which warrants a modification of both the timesharing and child support obligation pursuant to Fla. Stat., to wit:
- The Former Husband has not been exercising his overnight timesharing.
- The Former Wife believes the Father has a drug problem and timesharing should be modified and reduced, child support will be affected.
- Child support should be recalculated pursuant to Florida Statutes as same is in the best interest of the child.
- The Former Husband rarely and inconsistently visits the children and should pay greater child support pursuant to Florida Statutes. The Former Husband should repay the Former Wife in full child support since he hasn’t exercised his timesharing and received the benefit of a gross-up calculation in child support.
- Pursuant to the parties Mediated Settlement Agreement the parties agreed that the Former Wife would be entitled to two (2) of the children’s dependency exemptions and the Former Husband would be entitled to one (1) of the children’s dependency exemptions.
- The Former Wife requests that she be entitled to claim all three (3) children’s dependency exemptions since the Former Husband is in arrears of his child support obligation and is not current.
- The Former Husband should contribute to extra curricular activities and uncovered medical expenses.
- All conditions precedent for the bringing of this action have been satisfied.
- The Former Wife has retained the undersigned counsel to represent her in this action and is obligated to pay her counsel a reasonable fee for all services rendered and costs incurred. Pursuant to Section 61.16, Fla. Stat. and because the Former Husband’s conduct has necessitated these post-judgment proceedings, the Former Husband should be responsible for the Former Wife’s fees and costs.
WHEREFORE, the Former Wife, JAMIE CROWN, requests the Court grant the relief requested.
Under penalties of perjury I declare that I have read the foregoing petition and that the facts stated in it are true to the best of my knowledge and belief.
________________________________
JAMIE CROWN
Former Wife
STATE OF FLORIDA )
)§:
COUNTY OF BROWARD )
BEFORE ME, the undersigned authority, personally appeared, JAMIE CROWN, known to me or who produced___________________ as identification, under penalties of perjury and having been sworn under oath, verifies that the above contents and information is true and correct to the best of her personal knowledge and that her executed this document this ______ day of ____________, 20__.
WITNESS my hand and seal in the County and State aforesaid this ___ day of _____________, 20__.
_______________________________
Notary Public, State of Florida
CERTIFICATE OF SERVICE
I HEREBY CERTIFY, that a true and correct copy of the foregoing was forwarded to Jack King, by personal service.
LAW OFFICES OF LARRY D. SCHOTT
Attorneys for Former Wife
BY:______________________________
LARRY D. SCHOTT
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