Full question:
I am writing for my husband who pays support for his two children. The mother has petitioned for a modification of support since she quit her job. She makes $96,200 per year. He makes $49,500. How do I respond to this petition? What do I mail to the court? We can't afford a lawyer. He is ahead on child support $2,000. He is also providing health insurance, though the mother was ordered by the court order to pay for the insurance.
- Category: Divorce
- Subcategory: Child Support
- Date:
- State: Florida
Answer:
When the parties enter into an agreement, or when a party is required by court order to make any payments for support, maintenance, or alimony, and the circumstances or the financial ability of either party changes, either party may apply for an order decreasing or increasing the amount of support, maintenance, or alimony.
The child support guideline amounts under Florida law presumptively establishes the amount the Judge shall order as child support in an initial proceeding for such support or in a proceeding for modification of an existing order for such support.
The parent will be ordered to pay a child support amount, determined on a case-by-case basis, to establish the principle of payment and lay the basis for increased orders should the parent's income increase in the future. For combined monthly available income greater than the amount set forth below, the obligation shall be the minimum amount of support provided by the guidelines plus the following percentages multiplied by the amount of income over $10,000
Child or children
One 5.0%
Two 7.5%
Three 9.5%
Four 11.0%
Five 12.0%
Six 12.5%
Each parent's percentage share of the child support need shall be determined by dividing each parent's net income by the combined net income.
Each parent's actual dollar share of the child support need shall be determined by multiplying the minimum child support need by each parent's percentage share.
The court may adjust the minimum child support award, or either or both parents' share of the minimum child support award, based upon any consideration in order to achieve an equitable result.
Every petition for child support or for modification of child support shall be accompanied by an affidavit which shows the party's income, allowable deductions, and net income computed in accordance with this section. The affidavit shall be served at the same time that the petition is served.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
