 |
My fiancé currently pays his ex $350 per month in child support. He and I just had a baby in November though. In the state of Florida, can he get his support reduced since he now has another child to take care of? Would I have to take him to court so that child support to me is documented since we are living together?
As long as you live together he owes you no support. HE needs to file for a modification of the support order based on changed circumstances.
And to add to the wonderful advice Scott gave:
State law varies on child support. My state - Wisconsin - allows a mother to receive 17% of her ex-partner's gross income for one child, 25% for two children, etc. However, if the man is to have a second child with another woman, her support percentage is based on his income after the first woman's support has been taken out. So let's say the guy makes $500 a week before taxes. Mother #1 would get $125/week for one child; however, Mother #2 would only get $93.75/week for one child because the father's income has been reduced by the first support order.
So trying to collect support from him in order to lower the first support order may not even be beneficial.
You are really going to need to check with a good family law attorney in Florida on this.
Just as an example only, I can tell you how we approach it in California. And this may or may not apply in your jurisdiction.
To answer you question, yes, the fact that your boyfriend has another child (whom he has a duty to support) living with him in the same household would indeed qualify him for a discretionary reduction off the support he pays for the other kid. It's called a "hardship" factor in California and our support calculator allows an entry for this. You would not have to seek a child support order of your own against him for him to qualify for the deduction.
As I said, this is a matter that is discretionary with the judge- it's not an "automatic". If he has minimal net disposible income after paying support he would likely get it in my state. But, what most judges typically do is allow a "1/2 hardship" credit since there is another person presumably out there (the co-parent) who also has a co-equal duty of support. An exception to that rule might be if the co-parent had no income or was on welfare; then, the court might allow a 100% hardship deduction.
Consider this as merely a guide as to how they handle it in Florida. But, you inclination that there must be some reduction available because of the new child (in his relationship with you) is a reasonable one.
His first born child is priority in most states unfortunately in the courts eyes
I meant to say, "Please cite your authority." Somehow the word "cite" was left out.Quote:
Originally Posted by nitelight198073
But yes, you need to be able to back up what you say. I can refer to a code section in what I mentioned. But to say one child has "priority" over another just does not make sense and cannot be true. Kids are kids and they all need support, not just the ones born first.
I apologize I was going from my husbands experience.. I will find useful info next sorryQuote:
Originally Posted by cadillac59
I retract my first posting on here I have educated myself and have seen my errorsQuote:
Originally Posted by nitelight198073
It is almost impossible child support to be reduced solely if another child was born in Pa and NH for example/ see In re Baker, No. 2005-380 (New Hampshire Supreme Court, September 27, 2006)/
If there were a support order in effect, Florida would not consider the birth of a subsequent child as a reason to reduce required child support but it is a factor for the court to consider in a proceeding to increase the existing award. Other factors taken into consideration would include whether he obtained a second job to support the new child (this would not be added to his income in calculating support for the first child) and your income (or potential income) might also be considered as to whether the court would deviate from the guideline amount.
Florida, like many other states, uses guidelines in order to establish a party's child support obligation. Florida Statute 61.30 requires guidelines to be used in establishing new child support obligations or modifying child support in a Florida court.
/Adding another child by a different mother has nothing to do with his current child support.The father has to prove that his income has lowered and he cannot afford the present payments. To do this he must go to court and show a judge his income has lowered. /
61.30 Child support guidelines; retroactive child support.
12) A parent with a support obligation may have other children living with him or her who were born or adopted after the support obligation arose. The existence of such subsequent children should not as a general rule be considered by the court as a basis for disregarding the amount provided in the guidelines. The parent with a support obligation for subsequent children may raise the existence of such subsequent children as a justification for deviation from the guidelines. However, if the existence of such subsequent children is raised, the income of the other parent of the subsequent children shall be considered by the court in determining whether there is a basis for deviation from the guideline amount. The issue of subsequent children may only be raised in a proceeding for an upward modification of an existing award and may not be applied to justify a decrease in an existing award.
Wow, that's terrible news! He was never subpoenaed to the original court case when they decided his child support. They based it off income he made 2 years before. He is now on unemployment and they are taking 40% of that, leaving him with $480 per month. Even before he was laid off he was making half of what he was making when they decided his child support.
If his circumstances have changed substantially he needs to go back to Court, provide proof, ask for a reduction.
In my state (illinois) the first born gets the most %. 28 I believe and 17% for the second
Quote:
Originally Posted by skyber07
But it's reduced by what is paid to the first child - the first gets a percentage of gross; the second gets a percentage of gross REDUCED by the amount paid to the first.
\Quote:
Originally Posted by JudyKayTee
Yes that's what I was headed at. The first child's support is not reduced if the non-custodial parent has another child with someone else
Is Child Support Reduced when Father Has Another Child - Page 2
That was already discussed on the last page:
https://www.askmehelpdesk.com/family...ml#post1672669
Quote:
Originally Posted by skyber07
Right - "This8384" already pointed that out and I repeated it, also.
This is not in question.
| All times are GMT -7. The time now is 06:30 PM. |