This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree because of the obligor spouse's changed financial condition. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Paying For Child Support And Alimony In Florida
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Under California law, for the most part, a new spouse's income is not used in the calculation for child support. It may only be considered when not doing so would cause extreme and severe hardship to the child involved. Usually, the calculation is made strictly using the parents' gross income.
In Florida, a new spouse's income does not directly factor into a child support determination, but it can still have an impact. The court does not specifically factor a step-parent's income into the equation when awarding child support.
The income of both spouses is used in the guidelines for determining the amount of child support. Essentially, payments from almost any source is considered income for calculating child support.
Child support is never deductible and isn't considered income. Additionally, if a divorce or separation instrument provides for alimony and child support, and the payer spouse pays less than the total required, the payments apply to child support first. Only the remaining amount is considered alimony.
Generally, yes you can file a petition for child support or for a modification of the current/standing court order.
Under California law, for the most part, a new spouse's income is not used in the calculation for child support. It may only be considered when not doing so would cause extreme and severe hardship to the child involved. Usually, the calculation is made strictly using the parents' gross income.
The primary figure used to calculate support is the income of both parents. Certain expenses also go into the calculation such as taxes, health insurance, and employment-related daycare costs. A popular misconception is that household expenses can be used to reduce support. In general, that is not true.
Each parent will be responsible for paying 50% of the child support that's indicated on the child support guidelines schedule. Going back to our initial example, if there was one child involved, and the net income between the parents was $2000 per month, the total child support would be $442.
Both parents contribute child support payments, ing to their incomes. For instance, for income over $10,000, the guidelines stipulate the lowest amount based on the following percentages: One child – 5%, two children – 7.5%, 3 children -9.5%, four children – 11%, five children -12% and 6 children up to 12.5%.
