skeem said:
What is the name of your state?Florida
I recently received a letter from the child support division informing me that my 12yr old daughters mom is requesting more money. I have acquired a wife,
a 15yr old stepson, a 2yr old daughter and a home since we last went to court.My wife and I share all the expenses.
When filling out the requested information,do I provide to the courts the portion I pay towards the mortgage,utilities,etc...or the total amount both my wife and I pay to support my families living conditions.
IMPORTANT QUESTION- Was the existing CS order issued in Florida?- If not, was jurisdiction changed to Florida by a change of venue?
If the order is in another state, that state's laws will apply, however, if the order is in Florida then Fl. laws apply.
The following applies ONLY if order is in FL. :
1. CSE cannot just send you a "letter" to change your CS.
In FL. the party seeking a modification (CSE and ex) MUST : File a PETITION with the court- SERVE you (by PROCESS SERVER) with a copy of petition, a summons, a copy of your ex's financial statement and a copy of any and all existing orders. ( a hearing must be held before any change in CS is made.)
2. Are you filling out a Florida Family Law Financial Affidavit short form?
if so- under section one for wages, salary- list only
your earnings from your main
full time job . (Don't list any earnings from second job, will be explained later).
Under section for allowable deductions, list the cost of any health or dental ins. that you pay for your wife or subsequent kids only-do not list cost of ins for your 12 yr old daughter. Example-if you pay for ins for 4 people including your 12 yr old you would list 3/4 the total cost under deduction. HOWEVER-
Under the section for expenses- you would list ONLY your 12 year old's portion of ins. under Children's Health Ins.
Also, under expenses, list the total household cost of mortgage, utilities and food. Under all other expenses list ONLY YOUR personal expenses (and any that YOU pay for your 12 year old). This is very important- DO NOT list any personal expenses for your wife, her son, or your 2 yr old. IF you do- they can legally ask about your wife's income.
3.The court couldn't care less that you have a wife and other kids and in Fl you are not allowed any deductions from income for thier expenses. HOWEVER- the good news is that Fl does allow a NCP with a second family to have a second job and the earnings from that ARE NOT included in figuring CS.
I hope this helps, but as I said, if the order isn't in Fl you will need to find out which laws apply. Also, I almost forgot to add that in some cases a "readjustment" can be done without going to court IF all parties agree on the increase or decrease.
