My question involves child support in the State of: Florida
Same case, different issue/topic, I hope it's okay to post a different thread.
I have read in the Florida statutes that the existence of another child by the NCP (me) can be considered by the court when the other party is requesting an increase in child support (Part B below) and need to know:
-Does this apply when daycare/medical costs are being added or would it only be used to calculate available income (which is already being imputed at minimum wage).
-Would this apply when my wife is currently pregnant or would we have to wait until the child is born to make this argument? Part C says the information can't be used to lower support so would we just have to wait until she tries to get it raised again? I do not believe my new child will not be born by the time this current modification goes to a hearing.
61.30
(12)(a) A parent with a support obligation may have other children living with him or her who were born or adopted after the support obligation arose. If such subsequent children exist, the court, when considering an upward modification of an existing award, may disregard the income from secondary employment obtained in addition to the parent’s primary employment if the court determines that the employment was obtained primarily to support the subsequent children.
(b) Except as provided in paragraph (a), the existence of such subsequent children should not as a general rule be considered by the court as a basis for disregarding the amount provided in the guidelines schedule. The parent with a support obligation for subsequent children may raise the existence of such subsequent children as a justification for deviation from the guidelines schedule. However, if the existence of such subsequent children is raised, the income of the other parent of the subsequent children shall be considered by the court in determining whether or not there is a basis for deviation from the guideline amount.
(c) The issue of subsequent children under paragraph (a) or paragraph (b) may only be raised in a proceeding for an upward modification of an existing award and may not be applied to justify a decrease in an existing award.
Same case, different issue/topic, I hope it's okay to post a different thread.
I have read in the Florida statutes that the existence of another child by the NCP (me) can be considered by the court when the other party is requesting an increase in child support (Part B below) and need to know:
-Does this apply when daycare/medical costs are being added or would it only be used to calculate available income (which is already being imputed at minimum wage).
-Would this apply when my wife is currently pregnant or would we have to wait until the child is born to make this argument? Part C says the information can't be used to lower support so would we just have to wait until she tries to get it raised again? I do not believe my new child will not be born by the time this current modification goes to a hearing.
61.30
(12)(a) A parent with a support obligation may have other children living with him or her who were born or adopted after the support obligation arose. If such subsequent children exist, the court, when considering an upward modification of an existing award, may disregard the income from secondary employment obtained in addition to the parent’s primary employment if the court determines that the employment was obtained primarily to support the subsequent children.
(b) Except as provided in paragraph (a), the existence of such subsequent children should not as a general rule be considered by the court as a basis for disregarding the amount provided in the guidelines schedule. The parent with a support obligation for subsequent children may raise the existence of such subsequent children as a justification for deviation from the guidelines schedule. However, if the existence of such subsequent children is raised, the income of the other parent of the subsequent children shall be considered by the court in determining whether or not there is a basis for deviation from the guideline amount.
(c) The issue of subsequent children under paragraph (a) or paragraph (b) may only be raised in a proceeding for an upward modification of an existing award and may not be applied to justify a decrease in an existing award.
Modification of Support: Can Expecting Another Child Be Considered in a Modification Request
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