Divorced in MD, Now FL Resident - Child Support

[kimober]

I was divorced in MD, now we are Florida Residents. My Ex-Husband, my son and I moved to New Port Richey FL almost 3 years ago. My Ex-husband has now left and went back to MD.

Our custody Agreement only states that he gives $300.00 month for child support. I have received no money from him since September, and he plans to only give me $400.00 by end of January.

If I want to get the custody agreement modified, Is it true that they will go off of his W-2 from last year only? He made barely nothing. He now has a job making at least 40,000.00 in MD - He says - they will go off his W-2 only from last year, but I would think they would also look at his current salary.

Please help, I don't want to spend a lot of money with a Lawyer just to have the child support either decrease or stay the same. Any advise you can offer would be great. My son is 11 almost 12, and we do need more financial help.

[Attorney Howard Iken]

In a child support hearing, both the last tax return and the current year-to-date earnings are considered. If earnings are higher right this moment, that is the number that is normally used.

Attorney Howard Iken
Divorce Attorney