My friend is having problems getting more support from her ex. He won't tell her how much he is making. She barely gets 7K a year. He's a chemical engineer--and according to salary.com he is probably making in the ballpark of $100K...give or take. She cannot afford a lawyer. I know it depends on the income of the non-custodial parent--but what is a typical monthly amount for child support. Or what is the typical %? Just looking for some comparisons. She's in South FL....any free legal advice?
2006-09-21 08:34:23 · 7 answers · asked by crazymom 4 in Politics & Government ➔ Law & Ethics
She's not a gold digger. And she has a job. And 100K was from salary.com. He certainly does not have a 30K/yr job. 7K barely covered daycare. And now at 13, it covers nothing. I think HE needs to step up to the plate. Serious answers only. Trying to decide if she should take him to court to have this revisited.
2006-09-21 09:40:53 · update #1
I found the Florida Calculation for child support. You can put in some different estimates on what you think he makes.
http://www.alllaw.com/calculators/Childsupport/florida/
Personally I would not hire a lawyer... the child support agency will be able to help her with everything she needs. And will also be able to find out what his wages are. If they come up with a salary amount that she feels is incorrect, she can object to their findings and have the court look into it further.
Hope this helps!
Here is the site for the child support modification section. http://myflorida.com/dor/childsupport/modification.html
She can request the modification online.
2006-09-23 02:43:26 · answer #1 · answered by Ang 3 · 0⤊ 0⤋
According to the FL child support guidelines - $7K may be the right amount AT the time the child support figure was determined (if it was included with a divorce) At the time of the divorce settlement, the man's percentage of child support resulted in a $588 per month payment (or $7,056 per year).
She cannot assume his salary is $100K. If she does - some may think she's digging for gold. I don't know if Florida requires justifying child support expenses - some states do.
{EDIT} Judges can impute (e.g. assign) income to people based on education, experience, etc. However, a judge would rather see tax returns and W-2 statements rather than going from salary.com. If her income is significant, her percentage of child support is higher and her ex's portion will be lower. Maybe that $588 per month is his portion - mother's income is unknown....
Could the mother reduce her living expenses to make her income stretch out more for the growing child?
Regardless if she makes $7 per hour or $70K per year, she needs to file a motion to amend the child support order (which requires an attorney - legal aid could do this) OR go to the child support office and petition for a new child support order which would supercede the divorce order (rather than add to it). The Child support office would bring the case on her behalf - no lawyer is needed. Bear in mind that this action could take 6-9 months depending on issuing service, hearing dates, paternity, all that stuff.
2006-09-21 09:01:03 · answer #2 · answered by Anonymous · 0⤊ 0⤋
She can check in with The Department of Human Services there in Florida. They work with pretty much anyone in getting child support. I don't get walfare and they got me an excellent sum for my 3 kids. Good luck.
2006-09-21 08:43:33 · answer #3 · answered by Antoinette 2 · 0⤊ 0⤋
tell her to get a job and stop sponding off the dad. 100k you wish. He is better off not saying anything because until that worthless woman does anything he will not have to pay more.
2006-09-21 09:34:06 · answer #4 · answered by jeff d 3 · 0⤊ 2⤋
I don't know about FL , but in TX 20% is pretty standard.
2006-09-21 08:42:23 · answer #5 · answered by Mandy 3 · 0⤊ 0⤋
she doesnt need an attorney. she should get the papers from the court and file them and they will bring him in and make him tell what he makes
2006-09-21 13:27:41 · answer #6 · answered by psychpath64 3 · 0⤊ 0⤋
Tell her to get his name, address, where he works at and try to get something with his social security # and go to supportkids.com and get his @ss for child support.
Take him to court and stop wasting time....
2006-09-21 08:44:04 · answer #7 · answered by ? 3 · 0⤊ 0⤋