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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.
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.
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. So good luck.
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
This lawyer has a whole article about FLA law: denmon.lawyer/
There are some FLA residents on this site who hopefully will weigh in with knowdge of the state rules and regs.
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 are now being told it won't. How are we suppose to provide for the new kids if all the money is going to the 1st child.
By twins from Saginaw, TX
That is a problem when you marry a divorced man with kids. It would be no different if his kid was living with you, you would still be supporting the kid. My advice to women is don't marry a man who has to pay child support, unless you are willing to live below the level you would like to. Of course another solution would be for the new wife to get a job and help with the new family's support. (01/04/2010)
The amount for child support doesn't change because of differences in your life. Whether you have twins, triplets or just one he is still obligated to support his first child from his first marriage.
And it works both ways. If the child support was based on his earnings when he made $40,000 a year the amount won't change if he changed jobs or was promoted making $100,000 a year. Congratulations on twins, but any child is a financial burden. Small cost for the rewards. (01/04/2010)
I am sure it depends on the state. Good for you that you are doing the right thing. I had a husband who ran and never paid. I had a brother who never missed a payment, even if he went hungry, bought his kids all their school clothes and provided great dental care. Guess who's karma I'd rather have. (01/05/2010)
By PENNY K
In most states, just because the father chooses to start a new family does not lessen his obligation to the child he had before. The only way I know of to change the amount he already pays is to go to court and hash it out, though I doubt the court will have any sympathy for the father as he knew his obligations prior to having the two new children.
Your only other alternative is if the mother of the first child is doing well financially and you are on good terms with her, perhaps she'd agree to reduce the amount voluntarily. I used to be a social worker and it's been my experience that it's very rare that a court would decrease the amount of child support just because the father started a "new" family. (01/05/2010)
Ditto with all that was already said here and calculations are definitely done by the courts.
Not trying to be mean, but you must have known the father of your (assuming to arrive soon) twins already had a child and why should that child's support be reduced and that child suffer because a new family was created with open eyes? Worries about support of the new children should have been considered before their conception :-( (01/08/2010)
In this state the % does not go down because the father remarries and has more children. the % is based on his income and stays that way until the child is 18 years old. If you go through the court system then each time he gets a raise the child support increases a little. I strongly advise going through the court system. I have seen what happens when couples try to do the support money on their own and they end up in a mess. To protect everyone involved go to court! (01/09/2010)
By Teresa Tart
The court pays child support in birth order regardless if he was married to the mother. The courts in San Diego CA told my husband (X now) that it was unfair for his non working X mother of his son to compete with us. He had great income and mine was high so she awarded support on my income also. The X wife mother of his son had a working husband, but that did not come into play. It can be subjective to each judge regardless of the rules. So be glad they are not taking any of your income for this also.
I live in Florida and this is how it works most of the time when a child is involved.
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.