child support questions

[cjohn26]

Dear Florida Divorce and Custody Law Forum mediators: I have three questions:

1) If a man has a minimum wage job and is paying child support in Florida for one child, if the mother of a second child also files for child support, will the fact that he has another payment be taken into consideration when they calculate the rate for the second child?

2) If he marries a woman who IS NOT the mother of either of this children and who makes a better salary than he does, will the child support agency consider her wages in their calculations or just his?

3) Where can someone in this man's situation get free advice about his situation since his resources are obviously limited?

Best,
cjohn26.

[Attorney Dawn Jackson]

1) If a man has a minimum wage job and is paying child support in Florida for one child, if the mother of a second child also files for child support, will the fact that he has another payment be taken into consideration when they calculate the rate for the second child?

If you have a current child support order in Florida and are actually paying that amount, any subsequent child support orders will calculate the rate based upon your income after subtracting out the amount of child support you pay for the first child or children. Basically, the child or children subject to the first support order will receive more support and subsequent children will receive less because there is less income to go around.

2) If he marries a woman who IS NOT the mother of either of this children and who makes a better salary than he does, will the child support agency consider her wages in their calculations or just his?

Child support in Florida is only calculated based upon the income of the Mother and Father of the child. Income of new spouses or significant others is not included.


3) Where can someone in this man's situation get free advice about his situation since his resources are obviously limited?

Our firm offers free initial 30 minute consultations. Most courthouses have self-help centers where you can have general questions answered and get help filling out family law forms. You can also contact legal aid in the county where you reside to see if you qualify for their services.

[cjohn26]

Thank you so much! This was very helpful.