Legal Question in Family Law in Florida
Husbands childs mother says she is going for more money
My husband has just gone to mediation with childs mother and child support was determined to be 850.00 plus insurance. He works out of town and only got his son 40% of the time. This woman is very upset that she does no have complete control over the situation anymore and has threatned to get more child support from him if he can not come into town every time for visitation. My question is this. I am pregnant and due in 2 months and we are about to build a house. If she trys to get more money do the court take into consideration the fathers new family and house payments.
2 Answers from Attorneys
Re: Husbands childs mother says she is going for more money
These matters should have , at least, been discussed at mediation. His first family comes first in terms of child support. Visitation is a separate matter and is not directly tied to child support. If the amount was mediated and agreed upon, she has no basis to get it increased without a substantial change of circumstances.
Re: Husbands childs mother says she is going for more money
House payments are irrelevant to child support calculations and, in most parts of Florida, support for children living at home is irrelevant as well.
However, if your husband really does see the child for 40% or more of the overnights per year, the child support could be significantly reduced. You should speak to a lawyer about how your husband may be affected by the "40% rule."
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