In a modification of child custody and visitation proceeding, must the parties file Financial Affidavits. In a modification of child custody and visitation proceeding that involves a modification of child support, it is mandatory to file financial affidavits. In Gilroy v. Gilroy, the Former Husband, sought review of the supplemental final judgment of dissolution of marriage that modified timesharing and child support based primarily on his relocation to Arizona. The Court of Appeal reversed the child support award based on the erroneous denial of the Former Husband's request for a continuance at the final hearing. The remainder of the supplemental final judgment was affirmed. The parties divorced in 2007. At that time, they entered into a mediation agreement that awarded the Wife primary residential responsibility over the parties' minor children with the Former Husband having significant timesharing. The agreement required the Former Husband to pay monthly child support. The Former Husband filed a supplemental petition for modification of child support. In 2012, the parties entered into another agreement in which child support was modified so that the Former Husband paid nothing.
In Gilroy v. Gilroy the Court of Appeal stated that the filing of a financial affidavit is both mandatory and non-waivable by the parties. Additionally, the Court stated that the parties must provide financial affidavits 72 hours prior to child support modification hearing. Section 61.30(14) of the Florida Statutes requires a respondent in child support modification proceedings to include his or her financial 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. In Gilroy v. Gilroy the Former Wife did not dispute that she failed to comply with rule 12.285 and section 61.30(14) by providing her financial affidavit the day before the final hearing. [R]ule 12.285(e)(1) expressly provides that the requirement to provide a financial affidavit in supplemental proceedings "cannot be waived by the parties." Additionally, the Court of Appeal stated in Gilroy v. Gilroy that children's private school tuition can be added as a component on the child support guidelines worksheets. Section 61.30(1) provides that the court can make any other adjustments that are needed to achieve an equitable result which may include, but not be limited to, a reasonable modification of child custody & visitation and necessary existing expense or debt. Courts have long held that private school tuition may be awarded as part of child support if private schooling is part of the family's customary standard of living.
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