Child Support Multiple Spouses

by Tim from Florida

Child Support - Multiple Spouses:
I have a former spouse that I pay child support to for one child. I am currently going through a divorce with my 2nd wife that I have 2 children with.

How will my support payments be calculated. I live in Florida.

Will my payments to the first spouse get less and it split 3 ways or is there a cap in place based on income that will be put in place?

Answer to Florida Court Forms Child Support Question

Dear Tim,

In general Florida courts follow the Child Support Guidelines very closely. Calculation of child support is dependent only on income. Most expenses do not affect the support amount.

A couple of exceptions to this rule are reductions based on other children you support, unusual and necessary personal expenses (such as medical), or other extraordinary circumstances.

61.30 Child support guidelines; retroactive child support.--

3) Allowable deductions from gross income shall include:

f) Court-ordered support for other children which is actually paid.

and

(12)(a) A parent with a support obligation may have other children living with him or her who were born or adopted after the support obligation arose.

If such subsequent children exist, the court, when considering an upward modification of an existing award, may disregard the income from secondary employment obtained in addition to the parent's primary employment if the court determines that the employment was obtained primarily to support the subsequent children.

(b) Except as provided in paragraph (a), the existence of such subsequent children should not as a general rule be considered by the court as a basis for disregarding the amount provided in the guidelines schedule.

The parent with a support obligation for subsequent children may raise the existence of such subsequent children as a justification for deviation from the guidelines schedule.

However, if the existence of such subsequent children is raised, the income of the other parent of the subsequent children shall be considered by the court in determining whether or not there is a basis for deviation from the guideline amount.

(c) The issue of subsequent children under paragraph (a) or paragraph (b) may only be raised in a proceeding for an upward modification of an existing award and may not be applied to justify a decrease in an existing award.

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Our Self Help Guide, Modifying Child Support in Florida, helps you navigate the court process and procedures once you file your documents with easy to follow checklists, links to websites, important addresses & phone numbers, and much more. Modifying Child Support In Florida

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