Legal Question in Family Law in Florida

My question is concerning child support. My boyfriends ex-wife is asking him to pay her child support directly to her without any type of court order. They were divorced a year and a half ago. In their divorce papers it stated that neither of them would pay support at that time and they would have 50/50 custody. My question is... what is the most the courts could ask him to pay? What percentage of his income? I was recently told that the most they can ask-in the state of florida-is up to 25% of his income-is this true? And is the support amount calculated using his income before or after taxes? The mother has no source of income. Is he liable to pay 100% of the children's needs? We had decided to just pay her...but were recently warned that even if we documented the payments that later she could take him to court and make him pay current and back support. That any money given her for the children without a court order is considered a gift. Is this true? Please-please help.


Asked on 6/06/10, 3:25 pm

1 Answer from Attorneys
Lucreita Becude Lucreita D. Becude, P.A.

50/50 custody does not mean there is no child support being paid. Someone has one day more than the other and that person is entitled to support whether it be $15.00 or more/less. Support is calculated on the income of each parent - not the spouses of the parents. Then there is the majority of time for the child. I suggest you get this in writing and filed with the court - otherwise you may find yourself facing charges of non-support.

Read more
Answered on 6/08/10, 9:26 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Florida