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Child support obligation answers (383)

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Q: 

ssdi child support obligation

A: Hi Theresa, pursuant to Florida case law any overage of your child support obligation received directly by the children due to your receipt of SSDI benefits should be applied to your past or current child support obligation. Considering your payment or obligation to pay medical expenses for the children is a part of your child support obligation any payment received by the children due to the SSDI benefits that exceeds your child

Q: 

child support and daycare

A: I didn"t see an answer for the question about my income ever counting towards child support. Is there any circumstance where my income would be evaluated for his child support. You income would only be relevant if you were supporting your Husband and he did not have a full time income. It may also be taken into consideration if you seek to reduce your Husband"s current child support obligation based upon the needs of your and his daughter. We know the DOR is going to send a request for a financial affidavit. My husband gets commission but it varies from month to month and there is no...


Q: 

child support

A: Hi Nick, the answers to your questions as presented are as follows: 1.  No, the Mother of your children is not permitted to withhold access to the children based upon your payment of child support. This is assuming that you have a ordered time sharing schedule. If there is no ordered time sharing schedule then there is no schedule she is required to follow. 2.  Yes, she can sue you for back child support for a period of 24 months prior to the filing date of the suit. If you have paid support directly I hope for your sake it was by way of check or some other traceable instrument...


Q: 

child support / Unemployment

A: Hello Drew, you will need to file a supplemental petition for modification of child support. To do so you will need to show a change in circumstances that has occurred since the final judgment of dissolution and you will need to show that the change was unforeseen and not within your ability to control. However, if the court finds that you have other assets to draw from such as savings, home equity, excessive or extra personal property the court can deny your petition until those items have been liquidated to meet your child support obligation. If at all possible, your best course of action would be to submit an agreed order executed by you and your former wife...


Q: 

child support changes

A: Hi Cheryl, it could very well be correct. However, that change in circumstances would warrant a change of the child support calculation. I can advise you that in Florida the child support in this situation would be calculated as follows. Your Former Husband"s net income would include the amount he receives from SSD, together with any other amount he receives from any other source along with the amounts any child receives in their name as a result of your Former Husband"s disability. The basic child support would be calculated with his net income and your net income. Then any amount he would be obligated to pay would...


Q: 

child support

A: Hi Christie, if he chooses to work off the books, be self employed or not work at all he will still have child support obligation and he will still be required to pay that obligation unless and until he can prove to the court that he is without the ability to pay it and he cannot work to obtain the funds to pay the obligation. Generally, this takes a showing of 100% physical/mental disability. If he refuses to pay while having the ability the first thing that usually happens is his drivers license will be suspended thereafter he may be found in contempt of court and he could be incarcerated until such time as he pays a purge amount to secure his release. A purge...


Q: 

SSDI Benefits and child support

A: Hi Birgit, there is in fact case law that covers this issue. I do not know the case/s off hand and it would need to be researched and shepardized to confirm that it is still good law. From my last case dealing with this issue the ssdi benefits received directly by the child as a result of a parents disability is applied to child support arrears and obligations from the date the disability benefits are approved. The child support calculation is also effected as the amount received by the child is included in the net income of the disabled parent together with that parent"s net income including his or her disability...


Q: 

Verbal child support

A: Hi Mel, unless you confirm that there was a verbal agreement for him to pay at a lower rate then the court in all likelihood will require him to make payments on the arrears based upon his obligation to pay $700 per month. Initially, the child support order should have taken into account the costs of your daughter"s school and that cost should have been proportioned between you and your ex-husband within the child support calculation unless of course the school tuition was not being incurred at the time the child support was calculated or it was just not considered at the time of calculation. What I don"t understand...


Q: 

child support

A: Hi Cathy, Individuals with child support payments are not permitted to unilaterally decrease their child support simply because they choose to be unemployed or underemployed. To support a decrease in a child support obligation the paying parent will be required to prove to the court that they are unable to secure employment at a pay rate commiserate with his or her historical pay rate. With regard to your pending Motion for Contempt if your Former Husband has any assets from which he could draw  from to pay his child support the court...


Q: 

Moving to Europe, can child support be lowered?

A: It is doubtful that the court would reduce a child support obligation based upon a voluntary reduction in income which is what you are saying you Husband wishes to do. It is also doubtful that the court would consider your income when determining whether or not your Husband should be held in contempt for non-payment of his child support obligation, unless it was shown that you where supporting your Husband financially. I hope this information was helpful to you, if it was, please do me the courtesy of rating it. Please be aware and advised that this public forum is designed to provide only general information, to...


 
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