QUESTION
Will the Judge decrease my child support because my ex-husband cant afford it?
Asked on Jan 15th, 2019 on Child Support - Florida
More details to this question:
With my divorce agreement I agreed to lowered child support ($500) than what was on the guidelines in FL for two children as I was told he would still split costs that were needed to support the children - ex braces, sports, medical. He gets the kids every other weekend and 6 weeks summer. I pay for the kids health insurance ($320) and he does not split the cost. I recently filed to have the child support increased to whatever is the FL state guidelines for the overnights and income. My issue is he has lied on his financial affidavit stating he has an income of -$3200/month. This is not true. He has said that the state will not increase his child support obligation because he "can't afford it" and that the court may even lower the child support to less than the $500/month he pays now. Is this accurate? The only reason I want state issued child support is so I do not have to "ask" him to share costs - he has already declined to allow our son to get braces even though its in the papers.
1 ANSWER
Dear Ms. Francisco:
Child support is based on three main factors:
1) The net income of each party
2) The additional costs for child care and health insurance (if reasonably affordable) and
3) The number of overnights each parent has with the children.
If these factors were not considered originally, then you have to ask the court to use them to calculate child support now. Make sure you have the documents showing the child care costs and health insurance costs. As to what you were "told" about other expenses he was supposed to cover, unless it is written in the final judgment of divorce or the Marital Settlement Agreement, it is not enforceable.
As to your ex's income, he needs to produce more than a financial affidavit. He needs to produce pay stubs, a W-2 (which he should have by 1/31/19) 1099s, and bank records. These document should shed light on what his real income is, and then the court can use those numbers to calculate support.
You can also ask the court (which they will do) to issue an income withholding order so that his support comes directly out of his paycheck.
Wishing you luck,
Cindy S. Vova
Law Offices of CIndy S. Vova, P.A.
Broward/Boca Raton
954-316-3496/561-962-2785
Answered on Jan 17th, 2019 at 9:11 AM