Child Support & Student Loans

by Andrew from Florida

Child Support & Student Loans: Are student loans appilcable as a source of income when calculating child support payments? Father of minor child worked full time up until June of 2008. August of 2008 father matriculated into a full-time doctorate level education program.



Father still works part-time but hours and hourly wages have dramatically decreased.

Answer to Florida Child Custody Question

Dear Andrew,

Student loans are supposed to be used for educational expenses, including tuition and living expenses of the student.

They are not supposed to be considered as income, particularly because they are loans.

Loans must eventually be repaid so it is a stretch to consider them income at all.

However, going into a doctorate program is voluntary, and a decrease in child support payments may not be allowed or warranted for a voluntary change in income and circumstances.

Likewise, a prison term is not a reason to modify child support, even though inmates have no income, or earn only pennies a day. Doing a crime is considered voluntary therefore not reason to modify child support. Going to school is also voluntary and also unlikely to warrant a decrease in child support.

If I were in that position, the argument I might make is that I was going to school to increase my income in the future, and so I should be allowed to decrease my support payments while in school temporarily. This argument may not hold up very well, because once school is completed then comes the obligation to repay student loans.

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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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