Subsequent Child and Support

[ice5146]

What is the name of your state? FL

I had custody of children until 2000. Ex filed for Increased Support in 2004. On the FL Worksheet, he is deducting the amount of money he pays for court ordered child support for a child not living with him. This obviously makes his income lower on the worksheet. This other child was born subsequent to my children but he was paying the support for his other child BEFORE our custody changed to him back in 2000. Can he claim the deduction on the worksheet?

I pay medical insurance for my subsequent child. Can this be deducted from my income?

Thanks

 

[LdiJ]

What is the name of your state? FL

I had custody of children until 2000. Ex filed for Increased Support in 2004. On the FL Worksheet, he is deducting the amount of money he pays for court ordered child support for a child not living with him. This obviously makes his income lower on the worksheet. This other child was born subsequent to my children but he was paying the support for his other child BEFORE our custody changed to him back in 2000. Can he claim the deduction on the worksheet?

I pay medical insurance for my subsequent child. Can this be deducted from my income?

Thanks

No, medical insurance for a subsequent child would not figure into the calculation. Medical insurance for the child in question...for whom child support is being calculated would, but not a subsequent child.

 

[nextwife]

This other child was born subsequent to my children but he was paying the support for his other child BEFORE our custody changed to him back in 2000. Can he claim the deduction on the worksheet?

No, medical insurance for a subsequent child would not figure into the calculation.

If this child was under an order that PRECEEDED her child support order being established, YES, he can.

It is NOT the chronology of the birth that would matter, it is the sequence in which the orders were established.

 

[Gracie3787]

What is the name of your state? FL

I had custody of children until 2000. Ex filed for Increased Support in 2004. On the FL Worksheet, he is deducting the amount of money he pays for court ordered child support for a child not living with him. This obviously makes his income lower on the worksheet. This other child was born subsequent to my children but he was paying the support for his other child BEFORE our custody changed to him back in 2000. Can he claim the deduction on the worksheet?

I pay medical insurance for my subsequent child. Can this be deducted from my income?

Thanks

On the Florida Family Law Financial Affidavit an affiant can deduct the CS paid for ANY other CS orders( does not have to be previous to the order being modified).
The amount of health insurance paid for ANY other children can also be deducted (the amount paid for the children the order relates to cannot be deducted though).

These deductions are made on the financial affidavit only. On the CS guidelines worksheet the income listed is the NET income (after all allowable deductions) from the financial affidavit, so no deductions are listed other than the health ins paid for the children covered by this order.

On your financial affidavit you can deduct the insurance you pay for your other child, but you cannot deduct it on the CS guidelines worksheet.

 

[ice5146]

I found this on FL Statutes 61.30

3) Allowable deductions from gross income shall include:

(a) Federal, state, and local income tax deductions, adjusted for actual filing status and allowable dependents and income tax liabilities.

(b) Federal insurance contributions or self-employment tax.

(c) Mandatory union dues.

(d) Mandatory retirement payments.

(e) Health insurance payments, excluding payments for coverage of the minor child.

(f) Court-ordered support for other children which is actually paid.

(g) Spousal support paid pursuant to a court order from a previous marriage or the marriage before the court.

What exactly is (e) referring to then please? Please look at the FL Child Support Worksheet found here http://www.myflorida.com/dor/childsupport/guidlines.html and on page 3 it says I can deduct the payment. My attorney says "no" as you all are. What am I supposed to make of this? Thanks again.

 

[Gracie3787]

I found this on FL Statutes 61.30

3) Allowable deductions from gross income shall include:

(a) Federal, state, and local income tax deductions, adjusted for actual filing status and allowable dependents and income tax liabilities.

(b) Federal insurance contributions or self-employment tax.

(c) Mandatory union dues.

(d) Mandatory retirement payments.

(e) Health insurance payments, excluding payments for coverage of the minor child.

(f) Court-ordered support for other children which is actually paid.

(g) Spousal support paid pursuant to a court order from a previous marriage or the marriage before the court.

What exactly is (e) referring to then please? Please look at the FL Child Support Worksheet found here http://www.myflorida.com/dor/childsupport/guidlines.html and on page 3 it says I can deduct the payment. My attorney says "no" as you all are. What am I supposed to make of this? Thanks again.

I see now where the confusion is coming from. The "worksheet" I was referring to (and I suspect your attorney was referring to also) is the Florida Supreme Court approved Child Support Guidelines Worksheet (form 12.902(e), which is the ONLY worksheet that should be filed with the court. (you can find this and other forms at www.flcourts.org click on family law forms).

The worksheet you referred to is only DOR's version for your own calculations, and it cannot be filed with the court. You'll notice that the 2 forms are VERY different in that the court approved form begins with NET income from financial affidavit. On the webpage you referenced it asks for on line 3, childrens' names from THIS relationship. (meaning ONLY the children this case/order covers). Then on line 11 it asks for health insurance costs - ONLY for children listed on line 3.

When calculating net income (e) from above refers to ONLY the amount of insurance paid to insure OTHER children (not children from THIS relationship).
I hope this clarifies things for you.
Gracie