Legal Question in Family Law in Florida

Child support,,,

Have a full time job where child support is being deducted, picked up a part time job and the same child support is being deducted, so the state is taking child support twice for the same children. Is this legal.


Asked on 5/25/07, 3:19 pm

2 Answers from Attorneys

Re: Child support,,,

Child support is calculated as a percentage of what you make. The more you make, the more you are responsible for. The other side of that is that although some support is taken out of your second income, you still receive income you would not receive if you only had one job. It's up to you see if it's worth it. You are not required to take a second job as long as you are not underemployed in your first job.

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Answered on 5/25/07, 3:29 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: Child support,,,

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Child support should only be taken up to the amount that the Court has awarded. Whether it is taken from one or both jobs is immaterial as long as it does not exceed the total amount due.

If the State is wrongfully taking more than the Court has ordered, you should first talk to the State and try to resolve the problem. Failing such, I would have your attorney file a motion with the court to correct the error and ask for any overages to be returned.

Scott R. Jay, Esq.

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Answered on 5/25/07, 11:33 pm


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