Legal Question in Family Law in Florida

Child support amendment

I have been divorced since March 2008 and currently recieve $800 a month in child support payments. When my ex husband agreed to pay this amount, he knew he was getting remarried; knew he already had a baby on the way with the new wife; had already purchased a $700 a month vehicle; and knew what all his bills were. Now he says he is filing a motion with the court to reduce the amount he pays me in child support because I am remarried and he doesn't think he can afford it with his twins arriving soon. Does he have the grounds to have the child support reduced?


Asked on 7/08/08, 8:50 am

1 Answer from Attorneys
Alicia Santana Torres Santana Torres Law Offices, PL

Re: Child support amendment

Not from what you state here. Child support is a very simple calculation based on his earnings and your earnings. It has nothing to do with what a new spouse earns or other obligations, unless these are extreme (a disabled child, for example; twins are not extreme). The only way he should be able to get his support obligation modified is if he earns less or you earn more than when the original amount was entered.

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Answered on 7/08/08, 11:02 am


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