Add to GuideAsk a Question

Calculating Child Support

Category Child Support
Child support payments are typically calculated based on the number of children and the income of the parents. This is a guide about calculating child support.
Ad

Questions

Ask a QuestionHere are the questions asked by community members. Read on to see the answers provided by the ThriftyFun community or ask a new question.

By 0 found this helpful
September 28, 2010

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

Answers

September 29, 20100 found this helpful
Best Answer

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.

Reply Was this helpful? Yes
September 29, 20100 found this helpful
Best Answer

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.

Ad

If he fails to pay court appointed child support and files income tax. Yes it could be garnished and given to his ex. I know this from experience of my ex who thought he could get way with not paying child support.

Reply Was this helpful? Yes
September 29, 20100 found this helpful
Best Answer

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! I signed off on the amount owing, and the state immediately called every day multiple times a day; and my ex simply sent a check to the county for the full amount the state never bothered to collect. By the way, the State office was located in the same county that collected the full amount! So, not dead beat dads but dead beat counties and states folks!

Reply Was this helpful? Yes
September 30, 20100 found this helpful
Best Answer

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.

Reply Was this helpful? Yes
September 30, 20100 found this helpful
Best Answer

Your income should not count in the child support calculatoins. To be sure though, call your local Child Support Enforcement Office and ask them.

Ad

You can get the number through information or the local Social Services office. Also, you can go online and look up your states child support enforcement site and see if the question is answered there.

Reply Was this helpful? Yes
September 30, 20100 found this helpful
Best Answer

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.

Reply Was this helpful? Yes
Answer this Question...

By 0 found this helpful
November 29, 2018

How is child support calculated in Miami Florida when a parent is not working? Is there a certain amount that is standard?

Answers

November 29, 20180 found this helpful

Each case is different. It also depends on the persons assets, such as savings, and other financial obligations

Reply Was this helpful? Yes
November 29, 20180 found this helpful

This lawyer has a whole article about FLA law: denmon.lawyer/.../

Ad

There are some FLA residents on this site who hopefully will weigh in with knowdge of the state rules and regs.

Reply Was this helpful? Yes
December 1, 20180 found this helpful

Florida support laws are set up to serve the best interest of the child and that requires many calculations that involve both parents.

  • I can tell you that not working is not an excuse the Florida court will accept for not paying child support and usually if support is not paid after a certain period of time the judge will most likely give you free room and board for an extended period of time.
  • Court ordered support in Florida will take into consideration the income of both parents as well as the amount of time children spend with each parent.
  • Not working at the present time is something the judge may consider but it will not stop the accumulation of support payments and Florida is very strong on collecting support money (if the other parent files for nonpayment) and the judge will not hesitate to put the offending party in jail. This may not make the support payment for the other parent but there are many government programs set up to help parents with children (but support payments do not cease to accumulate while the person is incarcerated). The judge hopes the prospect of returning to jail will encourage the person to get a job and start making support payments.
  • Ad

  • I can tell you that I have seen cases where a non-participating parent has had to pay as much as 75% of their income for child support (for several children).
  • Another thing that many couples do not know is that child support may be figured from the day the divorce is started or taken to court so the other parent is going in "debt" all the time the divorce or child support proceedings continue.
  • You will have to give a full account of why you are not working.... when did you last work? Why did you leave that job? How are you supporting yourself? Provide detailed records of daily job seeking. Are you disabled?
  • Just to show you that figuring child support in Florida is not a simple "standard" figure, you can look at all the variables on this web site.
  • floridachildsupportcalculator.com/.../FloridaChildSupportCalculatorZ.php
  • If you are in the process of getting divorced and you have children, you should seek legal advice as you are certainly going to need it.
  • Ad

  • You can go to family services in Miami and see if they will provide you with free counsel (just Google family services with your zip code).
  • The web site that Pghgirl provided has excellent information so please read it.
Reply Was this helpful? Yes
December 2, 20180 found this helpful

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.

Reply Was this helpful? Yes
Answer this Question...

Archives

ThriftyFun is one of the longest running frugal living communities on the Internet. These are archives of older discussions.

September 28, 20100 found this helpful

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

Answers:

Calculating Child Support

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)

By Joan

Calculating Child Support

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)

By Suntydt

Calculating Child Support

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

Calculating Child Support

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)

By kjablue

Calculating Child Support

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)

By Ann

Calculating Child Support

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

Calculating Child Support

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.
(01/09/2010)

By Annie Rios Hill

Calculating Child Support

I live in Florida and this is how it works most of the time when a child is involved.

  1. Judge and attorneys decide on % to pay for 1 or more children based on average salary for at least one year to present time. Age of children at time of divorce decides whether wife's income will be considered.
  2. If X gets a raise in pay, x-wife can return to court for more money and gets it.
  3. New husband for wife does not change anything, his income (generally) is not considered.
  4. X-husband remarries, tough luck, as judge will only get mad if you go to court to ask for a reduction for children from 1st marriage.
  5. X-husband's new wife's salary can be counted and will be if trying to reduce pay to 1st wife.
  6. Most people are now going back to court to extend payment beyond the 18th birthday for school or whatever?
  7. Some families that do or do not go through the court are now able to claim "entitlements" from the state. Some legal and some some not?
  8. Children are caught in the middle and through no fault of their own. Support should be freely given, but it should also be used for that child's well being and I believe abuse of support money is where a lot of the problems begin.
  9. If you are the 2nd wife then you should have already known about the first child and support money. Please try to understand how you would feel if things were reversed.
Better to open your home and heart to this "other" child or you will live in anger for many years.
(01/10/2010)

By cybergrannie

Comment Was this helpful? Yes

January 4, 20100 found this helpful

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.

Comment Was this helpful? Yes
Read More...
Related Content
In This Guide
Categories
Business and Legal Legal Child SupportFebruary 19, 2017
Guides
More
🎄
Christmas Ideas!
🎉
New Years Ideas!
Facebook
Pinterest
YouTube
Instagram
Contests!
Newsletters
Ask a Question
Share a Post
Categories
Better LivingBudget & FinanceBusiness and LegalComputersConsumer AdviceCraftsEducationEntertainmentFood and RecipesHealth & BeautyHolidays and PartiesHome and GardenMake Your OwnOrganizingParentingPetsPhotosTravel and RecreationWeddings
Published by ThriftyFun.

Desktop Page | View Mobile

Disclaimer | Privacy Policy | Contact Us

© 1997-2018 by Cumuli, Inc. All Rights Reserved.

Generated 2018/12/09 06:23:31 in 1 secs. ⛅️️ ⚡️
Loading Something Awesome!