Legal Question in Family Law in Florida
My ex-wife is taking me back to child support because she is not happy with the current amount that she is receiving from me since I had been laid off due to the economy and was forced to take a job making less than I had been. It has been 3 years since our last hearing. At the last hearing she claimed that she was working and reported a net income of $1,000 a month. Now she has decided not to work and has no income. According to the Fl. calculations sheet you must divide each parents personal net income by the combined net income to find out what percent each must pay. Well when one party has no income their percentage comes out to be 0%. How is that fair that I am required to work but she is not? How will this be figured out fairly or will I get the short end of the stick, once again?
2 Answers from Attorneys
Income should be imputed to her at her old rate but at no less than Florida minimum wage.
The court should impute income to her at minimum wage.
Use of a lawyer is recommended.
John Smitten, Esquire
Carey and Leisure
622 Bypass Drive, Suite 100
Clearwater, FL 33764
ph: 727-799-3900
ph: 1-800-927-0400
fax: 727-490-4944
careyandleisure.com
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