Legal Question in Family Law in Florida

I live in Hillsborough County Florida, I retired from the military about 6 years ago and have been a defense contractor ever since. My deployments are not guaranteed although they have been normally 4-6 months every year. When I was married to my ex-wife for about 10 years and my divorce finalized about 6 years ago. In the divorce settlement I agreed to pay child support for our daughter, alimony for 5 years and 25% of my military retirement. At the settlement my income was based only on my salary and not on extra income earned during deployments such as hazardous duty pay, hardship pay and per diem etc. Since my normal salary is over $85,000 she has received a generous amount of pay over the years. 1 year ago my alimony payments ended, and my ex-wife wanted to go back to court to adjust the child support to compensate for the difference in pay she received from me. Even though the Alimony officially ended, I continued to pay her an amount equivalent to the alimony since I didn�t have time between deployments to go back to court. Am I obliged to use my extra deployment money to calculate Child Support etc? Is there any law in Florida that would protect me from having to disclose this extra income?

Asked on 5/28/13, 3:49 am

John Smitten Carey and Leisure

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Under FL law child support is based upon current income and you have to disclose this information, including your deployment pay.

Answered on 5/28/13, 4:45 am

David Slater David P. Slater, Esq.

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1. yes

2. no

The child support is calculated on your entire income.

Answered on 5/28/13, 4:46 am

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