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Florida Guideline for Stepmother

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loyalgirl

Junior Member
What is the name of your state? Florida

I just have a quick question and please forgive me if I have posted in the wrong place. My husband has a court date for an increase in support for his daughter. He recently got fired and I was wondering if the mother of his child has any right to my assets or income.

Thanks for your help
 


BelizeBreeze

Senior Member
Nope, but your income added to his CAN be used to determine the living situation for which support is based. His being fired won't affect that. His income before being fired will be used.
 

Phnx02

Member
BelizeBreeze said:
Nope, but your income added to his CAN be used to determine the living situation for which support is based. His being fired won't affect that. His income before being fired will be used.
Is this a Florida guideline? Please explain.
 

loyalgirl

Junior Member
Oh no....he was making a lot of money and he told me that she would be getting up to $1200 a month for one child. Is that possible? Isn't that a bit excessive?

Thanks for your quick reply.
 

BelizeBreeze

Senior Member
Phnx02 said:
Is this a Florida guideline? Please explain.
No, it's case law. the quality of life allows the courts to take into account the combined incomes of both households impute an income to a ncp OR cp when they are not working.

It does NOT mean that the unaffected spouse of a cp or ncp is in danger of having a garnishment against their wages or possessions but it does mean that any jointly held property can be seized should the arrearages be sufficient to warrant.
 

BelizeBreeze

Senior Member
loyalgirl said:
Oh no....he was making a lot of money and he told me that she would be getting up to $1200 a month for one child. Is that possible? Isn't that a bit excessive?

Thanks for your quick reply.
Then I suggest you get his butt out of bed and on the street looking for a new job. I don't have pity. I'm paying $5,000 for two kids.
 

Gracie3787

Senior Member
BelizeBreeze said:
No, it's case law. the quality of life allows the courts to take into account the combined incomes of both households impute an income to a ncp OR cp when they are not working.

It does NOT mean that the unaffected spouse of a cp or ncp is in danger of having a garnishment against their wages or possessions but it does mean that any jointly held property can be seized should the arrearages be sufficient to warrant.
BB, in Florida the court can take a spouse's income into consideration ONLY under the following circumstances:

1. NCP does not have enough income or assets to support child.

2. NCP raises the existance of SUBSEQUENT children and their expenses/support.

3. CP raises the existance of SUBSEQUENT children and their expenses. Then CP's spouse's income or the amount of CS CP recieves for other children can be considered.

4. When determining payment of arrears the NCP's spouse's income/assets can only be considered IF NCP cannot pay ANYTHING toward arrears.

Basically Florida is one of the states that doesn't take "quality of life" into consideration in CS cases. However, in OP's situation, with hubby being out of work, # 1 above MIGHT apply.

TO OP,
No one can garnish YOUR wages for the CS. Any assets that you own JOINTLY with your husband can be seized, but only in rare cases. Either way, you should protect yourself by not owning assets jointly and having seperate bank accounts.
 

BelizeBreeze

Senior Member
Gracie3787 said:
BB, in Florida the court can take a spouse's income into consideration ONLY under the following circumstances:

1. NCP does not have enough income or assets to support child.

2. NCP raises the existance of SUBSEQUENT children and their expenses/support.

3. CP raises the existance of SUBSEQUENT children and their expenses. Then CP's spouse's income or the amount of CS CP recieves for other children can be considered.

4. When determining payment of arrears the NCP's spouse's income/assets can only be considered IF NCP cannot pay ANYTHING toward arrears.

Basically Florida is one of the states that doesn't take "quality of life" into consideration in CS cases. However, in OP's situation, with hubby being out of work, # 1 above MIGHT apply.

TO OP,
No one can garnish YOUR wages for the CS. Any assets that you own JOINTLY with your husband can be seized, but only in rare cases. Either way, you should protect yourself by not owning assets jointly and having seperate bank accounts.
Read back over my reply gracie. does it sound familiar? Now tell me where I said "Florida WILL" take the non-affected party's assets into account.
I suggest you read my response VERY CAREFULLY. There is a reason I write them the way I do.
 

Gracie3787

Senior Member
BelizeBreeze said:
Read back over my reply gracie. does it sound familiar? Now tell me where I said "Florida WILL" take the non-affected party's assets into account.
I suggest you read my response VERY CAREFULLY. There is a reason I write them the way I do.
I did not say that I disagreed with your reply, all I did was be more specific about possible circumstances than you were. However, I have never heard of a court in Florida imputing income to a NCP based on their spouse's income. When income is imputed, the court either uses the last known amount of personal income for NCP, or if NCP has never worked, minimum wage is imputed. Spouses's income can only be CONSIDERED by the court, not used as a basis on an award of support.
Gracie :)
 

loyalgirl

Junior Member
Thanks for the replies. I wasn't really looking for sympathy by the way and he has been actively looking for work. He isn't lazy and doesn't stay in bed at all.
 

BelizeBreeze

Senior Member
Gracie3787 said:
However, I have never heard of a court in Florida imputing income to a NCP based on their spouse's income.
And neither have I. What I SAID was ....the quality of life allows the courts to take into account the combined incomes of both households impute an income to a ncp OR cp when they are not working
Gracie3787 said:
When income is imputed, the court either uses the last known amount of personal income for NCP, or if NCP has never worked, minimum wage is imputed.
And I don't disagree.
Gracie3787 said:
Spouses's income can only be CONSIDERED by the court, not used as a basis on an award of support.
Gracie :)
and that is clearly not what I said.
 

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