QUESTION
Judge denied agreed upon child support between parents
Asked on Mar 12th, 2016 on Child Support - Florida
More details to this question:
My grandson and his ex agreed upon a child support amount but the judge denied the agreement and wants a higher amount. Is this legal? Both parents have jobs, both are now married to another, and my grandson has 2 other children now. Her new husband makes a high salary. My grandson surely cannot afford a higher amount and still have a life other than working. Under these circumstances he couldl not be a father to ANY of his kids. Is there a procedure or filing that could rectify this situation? It has been a very contentious situation and to finally resolve it amicably between the parties and have a judge throw it out was very surprising and disheartening. How is this in the best interest of the child? He could never afford a lawyer, (she has one) and he certainly could use advice. I thank you in advance.
1 ANSWER
Child support in Florida is goverend by statutorily prescribed child support guidelines, based on two main factors: each parent's net income (after deduction of taxes andhealth insurance) and the number of overnights each parent has with the child. Additional factors are the amounts paid and by whom of the children's insurance as well as any child care.
So, I am guessing that the amount the parties came up with was below statory guidelines. Shame on the attorney as he/she should have know this. Perhaps your grandson could contact the attorney and revise the guidelines putting in more time that the father will have with the child. The threshold to reduce straight child support is 78 overnights.
One typically does not get a credit for "after born" children.
This is again one of the reasons that legal advice in these situations is so important. Understanding that legal advice is not inexpensive, one must weigh the initial cost with the afterwards consequences of not having it into the future. It is now much more difficult, if not impossible to change something after it is entered.
Good luck,
Cindy Vova
Law Office of CIndy S. Vova, P.A.
8551 West Sunrise Blvd., Suite 301
Plantation, FL 33322
info@vovalaw.com
954-316-3496
Answered on Mar 13th, 2016 at 12:09 PM