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Child support determination in Florida

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papa1980

Junior Member
What is the name of your state (only U.S. law)? FL

Hello,

I am attempting to determine which financial affidavit form to use for a child support hearing in Florida.

I recently, in August 2015, received a pay wage increase, placing my income above $50,000/year. If I add the income I made in the first part of the year with what I will make in the second, my annual income will be lower than $50,000. If I only count my wage in the second part of the year, and considered it as an annual wage, it would be higher than the $50,000 threshold.

Which financial affidavit form should I then use, long (above $50,000) or short (below $50,000) ?

I have another question. I am not looking for judgement or moralization, but for what is in my interest.

For the past four years, I have been sending money for two children (five and seven) to the mother, on agreement between us, without any court involved. Now, apparently as a condition for the mother to received continued State benefits, the State and her are suing me for child support.

If I am sued for what I perceive to be an excessive amount, I may consider leaving the country. If the amount of child support I am ordered to pay precludes my capacity to accrue capital and savings and to better and construct my life, I may find moving away to be a more viable option. I may decide to return to my home country in western Europe, while of course continuing to help financially, as I have always done, for my children and to maintain a relationship with them.

Moving away from them would of course be painful. However the only reason I have remained living where I do is to stay close to them, sacrificing my own desire to return, my happiness, and my hopes for them.

In this perspective, what would be my best strategy at the next court hearing determining initial child support ?

In the original Court request for a financial affidavit, I submitted my income according to my pre-wage increase salary. Now for the coming hearing, I would need to submit a new financial affidavit with the 10% wage increase. Would it be in my interest to not show up to the court hearing, and to perhaps be determined a child support calculation on my pre-increase wage ?

Thank you for reading.
 
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RRevak

Senior Member
What is the name of your state (only U.S. law)? FL

Hello,

I am attempting to determine which financial affidavit form to use for a child support hearing in Florida.

I recently, in August 2015, received a pay wage increase, placing my income above $50,000/year. If I add the income I made in the first part of the year with what I will make in the second, my annual income will be lower than $50,000. If I only count my wage in the second part of the year, and considered it as an annual wage, it would be higher than the $50,000 threshold.

Which financial affidavit form should I then use, long (above $50,000) or short (below $50,000) ?

I have another question. I am not looking for judgement or moralization, but for what is in my interest.

For the past four years, I have been sending money for two children (five and seven) to the mother, on agreement between us, without any court involved. Now, apparently as a condition for the mother to received continued State benefits, the State and her are suing me for child support.

If I am sued for what I perceive to be an excessive amount, I may consider leaving the country. If the amount of child support I am ordered to pay precludes my capacity to accrue capital and savings and to better and construct my life, I may find moving away to be a more viable option. I may decide to return to my home country in western Europe, while of course continuing to help financially, as I have always done, for my children and to maintain a relationship with them.

Moving away from them would of course be painful. However the only reason I have remained living where I do is to stay close to them, sacrificing my own desire to return, my happiness, and my hopes for them.

In this perspective, what would be my best strategy at the next court hearing determining initial child support ?

In the original Court request for a financial affidavit, I submitted my income according to my pre-wage increase salary. Now for the coming hearing, I would need to submit a new financial affidavit with the 10% wage increase. Would it be in my interest to not show up to the court hearing, and to perhaps be determined a child support calculation on my pre-increase wage ?

Thank you for reading.
My first question is if you're adequately supporting your children then why is mom receiving state aid?
 

LdiJ

Senior Member
What is the name of your state (only U.S. law)? FL

Hello,

I am attempting to determine which financial affidavit form to use for a child support hearing in Florida.

I recently, in August 2015, received a pay wage increase, placing my income above $50,000/year. If I add the income I made in the first part of the year with what I will make in the second, my annual income will be lower than $50,000. If I only count my wage in the second part of the year, and considered it as an annual wage, it would be higher than the $50,000 threshold.

Which financial affidavit form should I then use, long (above $50,000) or short (below $50,000) ?

I have another question. I am not looking for judgement or moralization, but for what is in my interest.

For the past four years, I have been sending money for two children (five and seven) to the mother, on agreement between us, without any court involved. Now, apparently as a condition for the mother to received continued State benefits, the State and her are suing me for child support.

If I am sued for what I perceive to be an excessive amount, I may consider leaving the country. If the amount of child support I am ordered to pay precludes my capacity to accrue capital and savings and to better and construct my life, I may find moving away to be a more viable option. I may decide to return to my home country in western Europe, while of course continuing to help financially, as I have always done, for my children and to maintain a relationship with them.

Moving away from them would of course be painful. However the only reason I have remained living where I do is to stay close to them, sacrificing my own desire to return, my happiness, and my hopes for them.

In this perspective, what would be my best strategy at the next court hearing determining initial child support ?

In the original Court request for a financial affidavit, I submitted my income according to my pre-wage increase salary. Now for the coming hearing, I would need to submit a new financial affidavit with the 10% wage increase. Would it be in my interest to not show up to the court hearing, and to perhaps be determined a child support calculation on my pre-increase wage ?

Thank you for reading.
There is absolutely no strategy that you can use. This is the state going after you for official child support and it will be set at the official guidelines, based on your income as of now. I cannot see how any parent would find it in anyone's best interest to flee the country to avoid child support. Plus, I am pretty sure that the US has treaties with most Western European countries to help collect child support, so that would be a wasted effort on your part.
 
The Form says current income and gives instructions to calculate so you would use the over $50k form if completing the form after the raise.

State Guidelines are considered to be accurate not excessive.

I would back off the moving out of the country thing. It is probably a crime if done to avoid paying support, and you could prevented from leaving the country as part of a future arrears action. US has treaties with about 3/4s of the western Europe countries regarding out of country support obligations.

Attending the hearing would be more important if they are asking for back support or if you are trying to get imputed income for the other party.... but most would recommend always attending the hearing. Some attorneys will do "unbundled legal services" for representation at the hearing only, you may be able to get this done for $1500-2500.
 

papa1980

Junior Member
I am pretty sure that the US has treaties with most Western European countries to help collect child support, so that would be a wasted effort on your part.
Not with my home country.

Thank your for answering my message, however I specifically stated I am not interested in judgements. Furthermore I am not "fleeling child support payments" as you described, I am refusing to pay what I perceive to be excessive payments which I believe would violate my fundamental right to better my existence. I have been living in a place I would not rather live in, sacrificing my own well-being. If in addition to this I feel myself violated in my rights, I will leave.
 
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stealth2

Under the Radar Member
If I am sued for what I perceive to be an excessive amount, I may consider leaving the country. If the amount of child support I am ordered to pay precludes my capacity to accrue capital and savings and to better and construct my life, I may find moving away to be a more viable option. I may decide to return to my home country in western Europe, while of course continuing to help financially, as I have always done, for my children and to maintain a relationship with them.
This is where I dropped my interest in not judging you. I had some thoughts for you. The only one left? Your kids are better of w/o you. Go.
 
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papa1980

Junior Member
The Form says current income and gives instructions to calculate so you would use the over $50k form if completing the form after the raise.

State Guidelines are considered to be accurate not excessive.

I would back off the moving out of the country thing. It is probably a crime if done to avoid paying support, and you could prevented from leaving the country as part of a future arrears action. US has treaties with about 3/4s of the western Europe countries regarding out of country support obligations.

Attending the hearing would be more important if they are asking for back support or if you are trying to get imputed income for the other party.... but most would recommend always attending the hearing. Some attorneys will do "unbundled legal services" for representation at the hearing only, you may be able to get this done for $1500-2500.
I can move and live wherever I want, I am a free man. Enough please with the accusation I am fleeing paying child support. In four years, without court order, I have never failed to financially support my own children, sending monthly payments to the mother. I have considered moving back for the past two years.

My only concern are the modalities of moving away as they relate to a child support determination hearing.
 

stealth2

Under the Radar Member
Not with my home country.

Thank your for answering my message, however I specifically stated I am not interested in judgements. Furthermore I am not "fleeling child support payments" as you described, I am refusing to pay what I perceive to be excessive payments which I believe would violate my fundamental right to better my existence. I have been living in a place I would not rather live in, sacrificing my own well-being. If in addition to this I feel myself violated in my rights, I will leave.
Yeah, but you didn't sacrifice enough to not get your freak on and make two children. So how much DO you pay in support? What do YOU think is excessive? How often do you see them? What activities are they involved in? Are you involved in their schooling?
 

papa1980

Junior Member
The Form says current income and gives instructions to calculate so you would use the over $50k form if completing the form after the raise.
State Guidelines are considered to be accurate not excessive.
Thank you for expressing your opinion.

I would back off the moving out of the country thing. It is probably a crime if done to avoid paying support, and you could prevented from leaving the country as part of a future arrears action. US has treaties with about 3/4s of the western Europe countries regarding out of country support obligations.
I am a binational or even trinational. These types of threats do not affect me. I am a free man and I live wherever I want. I have always planned to move away at some point, and have lived where I live for the only purpose of being close to my kids. Without them I would have left years ago. I am not content where I live, and my partner has already moved abroad. The court action is simply pushing the issue.

Attending the hearing would be more important if they are asking for back support or if you are trying to get imputed income for the other party.... but most would recommend always attending the hearing. Some attorneys will do "unbundled legal services" for representation at the hearing only, you may be able to get this done for $1500-2500.
Does the court child support order necessarily mean the payment will be taken automatically from my wage ?
 

papa1980

Junior Member
Yeah, but you didn't sacrifice enough to not get your freak on and make two children. So how much DO you pay in support? What do YOU think is excessive? How often do you see them? What activities are they involved in? Are you involved in their schooling?
I would have no problem answering you but I find you vulgar.
 

Ohiogal

Queen Bee
I would have no problem answering you but I find you vulgar.
I find you pathetic. You want to leave your children because you are not happy? REALLY? Leave the country and sacrifice being a parent because you "are a free man"? Yeah, your children are better off without you.
 

LdiJ

Senior Member
Thank you for expressing your opinion.



I am a binational or even trinational. These types of threats do not affect me. I am a free man and I live wherever I want. I have always planned to move away at some point, and have lived where I live for the only purpose of being close to my kids. Without them I would have left years ago. I am not content where I live, and my partner has already moved abroad. The court action is simply pushing the issue.



Does the court child support order necessarily mean the payment will be taken automatically from my wage ?
Yes, it means that it will be garnished from your wages. That is standard for everyone.
 

RRevak

Senior Member
OP you're going to face judgement either from here or in court from a judge so why don't you remove the chip off your shoulder and play like an adult.

Now, as has been asked already: How much support are you currently paying?
 

RRevak

Senior Member
Yes, it means that it will be garnished from your wages. That is standard for everyone.
Not necessarily here in FL. Garnishments are usually reserved for the ones who have either demonstrated they won't pay or have chosen to do so. Its not the automatic first means of collection.
 
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