Legal Question in Family Law in Florida
Child Support
My husband has 3 children from a previous marriage. His X-wife is threatening to raise his child support by taking part of my earnings. Can she do this or are only his earnings taken into account?
2 Answers from Attorneys
Re: Child Support
Only his earnings are taken into account. Also, she does not make the determination whether child support is increased. It depends if there has been a substantial change in circumstances to warrant a upward modification. That means, has her income changed? Has his? Are the children older and in need of more support? You might want to retain an attorney for this one.
Re: Child Support
Only your earnings are used in the calculation of child support. It is not the former wife's decision when child support is to be increase. As stated by Ms. Stickel-Martinez, there must be a significant change of circumstances and then the wife must petition the court for an increase. The amount of child support is calculated according to guidelines mandated by the Florida legislature and are found in the Florida Statutes.
This is a serious legal matter and should not be taken lightly. Even a nominal increase in child support can be substantial. You should consult an attorney to discuss the specifics of your situation.
Scott R. Jay, Esq. (305) 249-8000