Posted by Nydia Streets of Streets Law in Child Support
As ex partners move on after the break up of a relationship, moving on may include having more children after a child support obligation has already been established by court order. Many wonder how a child support obligation will be affected by the subsequent-born children.
In sum, the fact that a person ordered to pay child support has more children after that support order is entered can only be considered as a defense against an upward modification of child support. So the child support payor cannot request reduction of Florida child support based on the fact that he or she has new children to support. If a parent seeks secondary employment in order to support new children, the court has discretion to disregard the secondary income when an increase in child support is sought.
If a support order is sought for the newer children, the court will deduct the amount of court-ordered child support paid for the older children from the obligor’s income that is available to calculate child support. In a modification action, if a parent raises subsequent children as a defense to an increase in child support, the income of the other parent of the subsequent children may be considered in determining if modification is warranted.
If you are considering petitioning for an increase or decrease in child support payments, you should consult with a Miami child support lawyer to determine what’s in your child’s best interest. Florida child support guidelines scenarios can be run to understand possible court outcomes which may save you time and money.