Legal Question in Family Law in Florida

Separation

i know in the florida, there is no ''legal separation'' but my husband is requesting one from me. he wants me and our 6 yr old son to move out of our home, because he purchased it prior to our marriage. he is telling me not to contact an attorney and he will pay me $500/month for child support. i've spoken with a friend of mine, who said one of their friends is receiving over 800/month for one child from their husband. my husband makes $35/hr and pays for our child's health insurance. we have no other daycare expenses, as our son attends public school.

my question is: is $500/month reasonable? or is he just playing me for a fool to get us out of the house?

please help as soon as possible. he is trying to make us move out by the end of this month and we have no where to go. i only make $13/hr and cannot afford much for my son and me in rent.

thank you for your time.


Asked on 1/05/07, 10:23 am

1 Answer from Attorneys
Marie-Anne Oatley

Re: Separation

There is a statute dictating how much a "non-custodial" parent must give the other parent if anything. The amount is basically calculted by adding both parents' net income (gross minus taxes and spousal support). Then, looking up the amount in the guidelines under "one child." He is responsible for the portion of that support amount that corresponds to the portion of his income. For example, if the total support is $1000 for your two incomes with one child and he makes 70% of the income, he must give you $700. This is just an example. Other factors go into the calculation as well. You can look up "child support guidelines" on this site or on google and you should get worksheets and the tables. All that said, I strongly suggest having a consultation with an attorney. Many will not charge for first consultations. You need to know your rights about this, property, custody, alimony, etc.

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Answered on 1/05/07, 11:12 am


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