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.
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.
Re: Child support,,,
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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.