Child Support

[Juan Rodriguez]

This is a Florida case. My ex is the residential parent and I am required to pay support for two children. Currently, the child support payments have been suspended due to a mutual agreement three years ago when my daughter moved in with me. My son remained with the mother. My daughter turns 18 next Spring and my son will be 13 then. My ex now says that I will have to start paying the support again at the old rate which was for two kids. She stated that if I fight this then she will ask for it to be re-calculated. She recently quit her job to re-marry. Her new husband retired when his wife and mother died in a care accident leaving him 1.7 million dollars. She says that since she has no income it will be worse for me. Is this true even if she voluntarily left her job? Also, I heard that the calculations for support are lower for older children. Should I pay at the old rate or get it recalculated or pay half of the old rate?

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[MySonsMom]

Support for older children isn't lower, in fact it is normally higher since they are more expensive. So I beleive what you heard about that is wrong. Since she doesn't work, child support will be caluculated on that with your job. However, since her hubby is wealty they may consider her having more "exposible income". I'm not positive tho. At any rate, child support will be based on her salary and yours, and where it meets is what you pay. They won't calculate her hubbys income ,but they may take in consideration his/her financial situation of having a lot of money. No matter how much her hubby makes, you still have an obligation to your child. It isn't his (her hubbys) responsibility to support him..what he gives is additional..he has no obligations as you do. Good luck!

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**MySonsMom**
~There is no love like the unconditional love of a Mother~

 

[Tigres]

Info for you;

According to Florida Statutes 61.30, (2)(b)

"Income on a monthly basis shall be imputed to an unemployed or underemployed parent when such employment is found to be voluntary on that parent's part, absent physical or mental incapacity or other such circumstances over which the parent has no control. In the event of such voluntary unemploymnet or underemployment, the employment potential and probably earning level of the parent shall be determined based upon his or her recent work history, occupational qualifications, and prevailing earnings level in the community; however, the court may refuse to impute income to a primary residential parent if the court finds it necessary for the parent to stay home with the child."

Personally, I'm interested in this mutal agreement you reached with your ex. Was this verbal, signed and notarized or acutally filed with the court? If you don't apply to the court to have the agreement changed, she could actually go after you for back support. (Although if this is the case, I certainly would not recommend telling her about it!)

Tig



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I am not a lawyer. Any information relayed is merely my own experience or research.
In Egypt, Cats were once worshipped as gods. Cats have never forgotten this.

"PRINCESS, HAVING HAD SUFFICIENT EXPERIENCE WITH PRINCES,SEEKS FROG."

 

[MySonsMom]

I forgot to add to my post...Sometimes they will base it on a minimum wage job for the parent that isn't working.

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**MySonsMom**
~There is no love like the unconditional love of a Mother~

 

[LegalBeagle]

Since she quit her last job, her income will be imputed to the figures from her last couple of paychecks.

Do you know what her last salary was ? ..

 

[Juan Rodriguez]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by MySonsMom:
I forgot to add to my post...Sometimes they will base it on a minimum wage job for the parent that isn't working.
<HR></BLOCKQUOTE>

Thanks to both of you. Just to clarify: The original divorce decree stated that it could be modified by the parties as long as what was agreeded to had both of our signatures (it does). When we divorced she was earning $85K a year and I was earning $33K. Even with that disparity I was paying in 1993 $700.00 a month plus 50% of meds and 35% of any lessons or summer camp fees. If I would have quit my job While I was still paying support that would not have relieved me of the obligation. My concern is why I have to pay more if she quits hers.

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[Juan Rodriguez]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by LegalBeagle:
Since she quit her last job, her income will be imputed to the figures from her last couple of paychecks.

Do you know what her last salary was ? .. <HR></BLOCKQUOTE>

I have her W-2 from 1997.


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[Tigres]

If you want to post some actual numbers, I could give you an idea of what the Florida Guidelines would be. For that, I need both of your net salary, and who pays what for insurance. Please remember this would be an approximate figure but I think it would help you to decide what to do next.

Tig

 

[Juan Rodriguez]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Tigres:
If you want to post some actual numbers, I could give you an idea of what the Florida Guidelines would be. For that, I need both of your net salary, and who pays what for insurance. Please remember this would be an approximate figure but I think it would help you to decide what to do next.

Tig<HR></BLOCKQUOTE>

Thanks: Her last full year of employment (she quit January of '98) she earned earned $53,260.00. She was in sales and her salary would fluctuate between 40K and 90K yearly. She worked for the same company for 11 years. I will make about 38K this year. She is required to pay for the health and dental on the kids but she did not put the kids on her new plan after the cobra ran out. I pay $145.00-a-month for the insurance which covers the kids.

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[LegalBeagle]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Juan Rodriguez:
Thanks: Her last full year of employment (she quit January of '98) she earned earned $53,260.00. She was in sales and her salary would fluctuate between 40K and 90K yearly. She worked for the same company for 11 years. I will make about 38K this year. She is required to pay for the health and dental on the kids but she did not put the kids on her new plan after the cobra ran out. I pay $145.00-a-month for the insurance which covers the kids.
<HR></BLOCKQUOTE>

A VERY *ROUGH* calculation means that *if* the judge imputs her income as 53k (as she quit) and based on you paying the 145 a month insurance.. the your monthly amount could be around 400 a month... even is we put zero in for her income.. it still comes in around the 400 mark.

So, she is wrong.. it would not be worse for you ... unless of course the suspension of the original court order was not agreed by a judge..




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Psst.. I am not an attorney, and even if I was, I would not tell you. What I am giving you is not legal advice in anyway. For proper legal advice, retain a person who openly admits they are an attorney.