Legal Question in Family Law in Florida
I have 3 children. One is a newborn. I am paying the same amount as the original court order for my first child, even though my salary is the same, and I now have 2 other children to take care of and more financial responsibilities. I have tried to get this adjusted, but they send me a letter saying that there is no warranted adjustment allowed at this time. How can that be? I have a child support case through the court for the second child. I would like to reapply as the circumstances have once again drastically changed, and I struggle to get by with what I bring home after child support. I can't afford an attorney to represent me in this, so how can I make sure this gets adjusted properly and fairly for everyone involved? Any information you can provide would be greatly appreciated.
2 Answers from Attorneys
Most courts will no reduce your support because you incur extra financial responsibilities when you knew about the first responsibility. Youay be stuck with what you pay now.
You don't get credit against your child support for children who are living with you. You can have a hundred kids at home and that doesn't give you credit for child support you pay for a child from a previous marriage who doesn't live with you. You only get credit if you are paying under a new child support order.
So, for example, let's say you get divorced and pay support for child number one. Then you get married to a different person and divorced again and pay support for child number two. You'll get credit on child support number one for the child support on child number two. Then, you get married a third time and have ten more kids who continue to live with you. You get no credit on child support number one and child support number two for the ten new kids who live with you.
It may not sound fair, but that's how it works.
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