Change Support Payments Another Child

by K. from Florida


I found out about husbands daughter after she was almost a year old.


Now that we are married and have our own kids can his child support go down?

After my husband and I met and starting dating, his ex called to inform him that she moved to Michigan (we live in Florida) and she was pregnant and that there was a possibility of it being his.

She said she was cheating on him so she wasn't sure. I already had a daughter, whose biological father is deceased, and down the road husband and I got engaged and pregnant with our own child.

Shortly before our daughter was born, we learned through DNA that the other child is his, and went to court for child support. When she filed for child support, he was not working due to having a surgery, and had no bills to pay other than his vehicle.

Now, a year later, he is working, not getting paid much though, has two kids here to support, plus me while I'm in school for a few more months, paying household bills, and 800 dollars a month for insurance (which includes his daughter in MI).

All of this, plus child support, is killing us, and she is coming at us for more. If we file to modify child support due to all of the recent changes with his finances, would his child support payments decrease? I'm all for helping take care of my stepdaughter, but her mother wont let us see her, and we are struggling to pay the child support as is.

Answer to Florida Child Support Question

Dear K.,

Yes, Florida courts take into consideration children from a subsequent marriage or relationship in determining child support amounts.

You can file a Supplemental Petition to Modify Child Support based on changed circumstances.

Along with that you must file a Family Law Financial Affidavit, and Child Support Guidelines Worksheet.

These forms and other family law forms are available on the Florida Supreme Court's website, www.flcourts.org.

Have a look at our web-powered instructions page for the Supplemental Petition to Modify Child Support, Form 12.905(b).

The figures that you enter onto the Child Support Guidelines Worksheet come from the Financial Affidavits of both parents. So, you need to have the mother's Financial Affidavit in order to completely fill out that form.

The mother is also required to complete a Financial Affidavit. If she does not provide her financial information, you can request that the court compel her to do so.

Notice: We provide these answers to the general public and our website visitors as a means to further their online legal research. These answers are merely suggestions and should not be regarded as legal advice.

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