Child Support...Florida

I am trying to do some research for my son, he is in the Army and stationed at Ft. Campbell, Ky. His wife left him and took my Grandchild a few years ago (4), as she did not like Army life, she now lives here in Florida near me. She finally finally followed thru with the divorce and my son agreed to something like $500 a month child support for his daughter (7), who he would like to have custody of. He has remarried and has a new baby, the amount of support really makes it difficult for a new family, my ex daughter-in-law does work, and hate to say it but we feel she mainly wants to keep the child for the $$ he sends. How can he lower the amount of child support he sends, as he was told he is paying too much..that the amount he sends is quite high for one child, he had no lawyer for the divorce. Any help would be appreciated.

Sorry to say but he is going to be out of luck. I can not comment on the amount since we do not know what he earns or any of the other 57 different figures needed for calculations.

On the subject of the new child, Yes it can be taken into account but then the court will also want to see all the figures from his new wife and will then take her income into account for the new workings. This is because your son wants to include his new child and so the other parent of the new child HAS to be taken into account.

Basically, most states will allow another child to be taken into account at the time of the court order, but few allow new children to effect it for modification purposes.

Why ? I hear you ask ?.. well, the court believes that before the new child is concived, the parents KNOW that they have to pay $500 in support for the first child. Therefore, if they then take a decision to have a child themselves, then why should the first child financially suffer ?.

Also, in Florida, whilst he can add the exsistance of the second child to the calculations (which in turn means his new wife income is taken into account) it can only be used in modifications to RAISE the amount (or limit the raising of) and not in modification to LOWER the amount.

His only hope to lower the amount is to have it recalculated without including the new child.. however, that can only happen if something has changed in the meantime. The court will not change it just because he did not have a lawyer and therefore got screwed. That was his choice at the time.

Divorce, Custody and Child Support in Florida is based on Chapter 61. You can read it for yourself here..
[url="http://www.leg.state.fl.us/citizen/documents/statutes/1998/ch0061/titl0061.htm"]http://www.leg.state.fl.us/citizen/documents/statutes/1998/ch0061/titl0061.htm[/url]




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[b]SMILE - Start Making It Livable for Everyone[/b]

Divorce is a process over which children have no control. Children should not be its victims.
When parents are under stress, it is harder to be in touch with their children's pain and anguish.
It takes time, effort, and planning on the part of the parents to be able to provide for the children's needs.
In the crisis of divorce, parents may put their children on hold while they attend to adult problems first.
Sometimes separating/divorced parents find that their roles and expectations are undefined and cloudy.
If handled properly, divorce need not be devastating for children.

Thanks so much for the reply and info...will pass this on to them...it's not that they don't want to send support, as I said they actually want the child with them, as she is not being taken care of where she is at, and we really have no where to start to gain custody, and we feel she is being awarded by the custody amount, and it gives her an upper hand... thanks again.

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by FlaGrama:
[b]we really have no where to start to gain custody[/b]<HR></BLOCKQUOTE>

More bad news I'm afriad, but please, don't shot the messenger

Unfortunately, unless there has been a significant change in circumstances there is little chance of getting a custody change. The child has been with the mother for some time and unless you have some PROOF of neglect or abuse, it ain't gonna happen. Sorry