Can child support be awarded in Florida more than 50% of non custodian parent salary?

Question

Does florida statues allow to take more than 50% of my salary?
If so under what sircumstances.

I do not owe anything at this point. But I am concerned about existing financial responsibilities. I am allowing her to keep the house, almost all the furnishings and car. At what point does the state say enough. I there such a thing. I know my kids deserve a great life, but not at the expense of me living in poverty.

Answer 1

First off, I applaud you in making the question a non gender issue. There are more "mothers" that are dumping the raising of children on the fathers these days than ever and hearing about the 80's "Dead Beat Dad's" is getting old and real annoying. I feel for the women that are in this situation, but I tend to see a growing trend towards DEAD BEAT MOTHERS as well.

With that said...

More than 50%?

Yes, but not in the way that you think...

50% of "period" pay can be taken. (Which is the gross pay of what the person earned) After which, if there is back child support that needs to be collected (which is, at this time, the only reason that I know of) then their income tax can be seized as well. Usually, the dead beat, if remarried will force their new partner to file an "injured spouse" form so that what they earned is not taken as well, and in consequence, loses any child tax breaks they may have been able to receive.

So the one with the kids get 50% of the others earnings, and then another 10-20% after April. 60-70% of his pay. Which ends up with 20% of pay in their pocket. (assuming only 10% is going to other taxes). So if the average Floridian needs to survive on an average of about 30k a year, they'd have to make 90k a year just to squeak by! (I don't know what the average cost of living in Florida is, but I assume 30k is fair)

Ok, last time I answered one of these, I was blocked. I am not trying to tick people off, but I like to see both sides of the story. We can all safely agree that in order to raise children effectively. you must make sacrifices, which is why one stays more at home than work. If the one with the children is on the welfare system (which is highly likely if doing it alone) then the welfare system will demand after 3-4 years under welfare to get back to work (if they are making the system the sole income) while assisting in child care. Their goal is to at least get you near the peak of poverty levels as far as income goes. So if they work for say Wal (puke) Mart, a "full time" may get them about 15k, if the one who pays support, matches this amount, then they are on a survivable income. Not a healthy one, just survivable.

So with that thought, if the one who pays makes about 15-25k a year, and the one who has children is earning about 15k through a low end job, then the one with children gets a total of about 25k-31k and the one who owes gets about 5-9k a year (if they owe back support). The money goes (as far as the state is concerned) to the right place, while the one who owes lives well below poverty levels AND cannot collect welfare. But as we all know, this isn't how it turns out. Both sides end up with not enough, and both live in poverty.

Sad really...

Did I also mention that the one who owes is also required to get health care as soon as possible, ordered by the state, ASAP? Dock another chunk out of that 20%

Answer 2

Every state has minimum amounts that they can charge for child support. Your state's was most likely only $50. When My ex and I split up, I wasn't working at the time due to a medical condition and I was still ordered to pay. How much money you make only affects how MUCH you pay, not whether or not you have to pay at all. Your lawyers full of it though. The reason why he said that was because he knew that she couldn't/wouldn't pay and you'd have to see her in court again. Basically, the judge acts as a mediator. If you'd have told him from the start that you were going to take care of everything then he'd have been fine with it most likely, because that would've moved you guys through quicker so he could get to the other cases on his docket.

Answer 3

generally child support is a certain percentage of your income for each child. so, let's say you have two children. (by MS standards) that would be about 21% of your gross income. this is just for starting. if you become behind, then they would add a set amount for arrears, and you should pay your normal child support plus the amount for arrears. so let's say you make $30K a year, your child support would be just over $500 per month, and if you got behind, they may set your arrears for $75, in which case you would be required to pay $575. it's really easy, but if you plan on having to pay child support, talk to a lawyer. he would be better able to put a specific figure on it.

Answer 4

Most states normally don't allow that to happen unless you owe back child support and are in arrears.

Answer 5

Absolutely NOT! No state would take 50% of someones salary for support,

Answer 6

Here is a child support calculator for your state. It should give you a rough estimate of what you'll have to pay

http://www.alllaw.com/calculators/Childsupport/Florida/

Answer 7

look it up under florida laws.. also probably depends on how many kids you have.. and if you make big bucks.