I wanted to know if someone can give me advice. My BF currently pays child support for his kids, but they tell us if we get married because of my income they would make him pay more child support and they would garnish my income tax return.
By Alex from Miami, FL
Every state has different laws when it comes to child support. You need to ask an attorney in your state. You can contact your town hall or your state house and ask for an attorney that will answer your question pro bono. Or even ask someone at a law library at the University of Florida. To give you an example of how laws are different in each state. In my my state, if you live across the state line in the adjoining state but work in my state you have to pay state income taxes as well as your wife who does not live or work in my state. This law has been fought all the way to the Supreme Court and has been ruled in favor of the state in which I live.
Only he has to pay for his children and not anyone else even if your are married. It is based on his wages alone doesn't matter what state you live in. If he fails to pay court appointed child support and files income tax.
In the state of Oregon, my sister got divorced but stayed living with a man because they stated to her that because she took his last name she could be held liable for his child support and they could garnish her wages; she divorced but let few know the real story. They stayed living together.
However, the state of Oregon also did little to collect on my child support, got 1st child support check when daughter was 23 years old and had 2 children of her own!
Don't get married until you talk to a lawyer about the child support issue and you know all the facts. Then decide how you wish to handle the situation. There is no way the father shouldn't pay child support, but I'm not sure if all the states make the new spouse contribute.
Your income should not count in the child support calculatoins. To be sure though, call your local Child Support Enforcement Office and ask them. You can get the number through information or the local Social Services office.
Beware! I was told by attorney that my income should not be used. However every time we went to court for more support my income was required yet the mother's new husband was not required. So long story short they used my income at $54,000.00 a year, and the judge had the audacity to say "I feel I need to level the playing field." Not my fault I had an education and well paying career.
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How is child support calculated in Miami Florida when a parent is not working? Is there a certain amount that is standard?
Each case is different. It also depends on the persons assets, such as savings, and other financial obligations
Florida support laws are set up to serve the best interest of the child and that requires many calculations that involve both parents.
I would like to add or correct something that was stated in my previous answer.
Should a judge decide to send someone to jail for non-payment of child support they will usually decide if support payments will be stopped temporarily while the person is incarcerated or if it will continue to accumulate.
Also, bear in mind, that I just live in Florida and have nothing to do with the court system (at the present time) so what I state is not a legal statement as different counties also have their own rules about child support (but usually always coincide with the state rules.
You cannot - and should not - take what I have stated as a legal view and that is why you definitely need an attorney to help you through this period in your life.
When it comes to matters that pertain to laws you should never accept the advice of someone on a community site that may or may not know what they are talking about.
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We are trying to find out what the percentage for child support is for a father to pay for the 1st child once he remarries and has 2 new children (twins)? We have been told the standard is 20%, but once the children were born, it would go down to 16 or 17%.
We live in Ohio and my husband owes back child support. The magistrate says that they can include my income in the calculations to determine how much he pays a month now.