Legal Question in Family Law in Florida

In a child support case where the father is the non custodial parent and has 100% of the childrens income... Is the father liable for 100% of the childrens (2) financial need. The mother has no income by choice. Online support calculators are saying yes. My question (as the fathers girlfriend) is... how can the mother who is physically capable of working~not work and expect her ex-husband - the father...to pay for 100% of the childrens needs? What is the legal standpoint on this in the state of florida according to the child support laws? Financial request at this point is without the courts. Without legal action. What are the fathers rights? What percent is the father liable for? The father also carries health, dental, and vision on the children voluntarily. And the children are in his care 3 nights/2 days per week and two full weeks in the summer. Are the fathers expenses taken into consideration if the father were to pursue legal action in his defense...such as Mortgage, Electric, food and gas? He also has two other children living in his home. With these circumstances...wondering if the father would have any favor from the courts. He also gave her money when they divorced. Is this money taken into account? And divorce papers said she would not request child support. Paying her what she is requesting will place him in a financial hardship. Please ...please ~help. Thank You.


Asked on 6/01/10, 6:50 pm

1 Answer from Attorneys
Lucreita Becude Lucreita D. Becude, P.A.

Not sure I really understand your questions. Father is non- custodial parent and yet has 100% of the childrens income - what does that mean - do the children have a trust fund that he has control of. As to the no asking for child support in the decree - no way - you can not waive child support in the state of Florida or any other state that I know of. Support is based on the income of both mother and father - if mother is not working then minumum wage will be attributed to her as her share of the income. Other children do come into the picture if they are his children and consideration would be given to them as to support decrease. IF you decide to hire an attorney, which issues involving children should have an attorney, call me.

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Answered on 6/02/10, 7:41 am


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