Lowering Unfair Child Support Order

by Dawn from Jacksonville, Florida, Duval County

My boyfriend was just ordered to pay $307 a month for his first child. We have 2 children together and I have 2 other children from previous.

We talked to this paralegal place and were told we were lucky to only pay that much because of how much he makes and that the courts don't care about our other children.

He brings home around $1600 a month. Our rent is $500, light bill $450 this month but we are behind on last bill which was $400, car ins is $85, gas $16, cable $50, gas for the car $200 and all the other expenses we have leave us with no money at all.

We are on food stamps also. Now with these bills and 4 children how can they get away with making us pay that much? Is this true what this paralegal guy told us? They're going to make these children suffer.

The mother doesn't even take care of the child but we can't prove it because the uncle who has her will lie and say that the mother does live there so she's getting $307 monthly that the child will never see.

Answer to Florida Child Support Question

Dear Dawn,

The courts are absolutely supposed to take into consideration the other children that your boyfriend is supporting -- at the very least the two other children that are yours together.

In theory, you are receiving child support in behalf of your two children from your
previous marriage.

I know, it isn't always true, that is why I stated -- in theory.

Child support is supposed to take into account both parents incomes.

Did your boyfriend complete a Child Support Guidelines Worksheet; and has he requested a modification of child support?

We publish a Self Help Guide for Child Support Modification.

This guide provides step by step instructions and helpful tips; as well as a Glossary of common legal terms (see our
Modifying Child Support self help guide).

The primary form for modification of child support is: Supplemental Petition to Modify Child Support, Supreme Court approved Form 12.905(b). Instructions for this form state in part:

This form should be used when you are asking the court to change a current court-ordered child support obligation.

The court can change a child support order if the judge finds that there has been a substantial change in the circumstances of the parties and the change is in the child(ren)’s best interests.

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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Comments for Lowering Unfair Child Support Order

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Lowering My Child Support Payment
by: Revel from Florida

I have rent and utilities I have to pay and cannot afford to pay what was ordered. Is there a way to get my amount reduced?

--The courts will reduce your child support payments if the substantial change test is met. The key points are that the change is involuntary (not your fault) and substantial (a lot). Unless your income and expenses have changed dramatically since the child support order was placed, you will have a difficult time convincing a judge to reduce your payment.

See the following page for more information... Substantial Change Law. It deals with child custody, but you can see what the burden of proof might mean for asking the court to lower your child support payments. Also, we recommend our modifying child support e-book. --Staff

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