Alimony and child support limits in FL

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Alimony and child support limits in FL

Postby onelove2010 » Tue Feb 21, 2012 11:53 am

Hello, I have not found a clear answer to this anywhere so maybe somebody could help me. Is there a legal limit of how much child support and alimony a judge can require you to pay. I know there are child support guidelines, but would a judge ever assign more than the guidelines? Also is it true that they subtract alimony from your income before they determine your child support?

Thank you in advance for your help...
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Re: Alimony and child support limits in FL

Postby RC411V » Tue Feb 21, 2012 11:57 am

I don't know about FL, but I'm pretty sure it's nearly universal that courts follow guidelines for CS pretty strictly and no, you wouldn't be ordered to pay more. Alimony is not something that reduces your income before CS is calculated.
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Re: Alimony and child support limits in FL

Postby Trevor » Tue Feb 21, 2012 12:03 pm

I think there are limits to what they can take out of your pay, but I dunno what those are; I understand they are higher if an adjudication of arrearage has been ordered. Meaning, there is a limit to deductions (look in the FL statutes under the state depository part, garnishing wages) but it is higher if you are behind on your support payments.

Judges can assign more than guideline for certain circumstances. If you are in the NBA and your STBX was a stay at home mother, you can bet there will be variance from the norm. If your X covers the kids on insurance and you're not the custodial parent, might be another example.

Yes it is true that they subtract alimony from your income before they determine your child support. They did it in my case. And the alimony is tax deductible for you, and taxable for your X.
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Re: Alimony and child support limits in FL

Postby RC411V » Tue Feb 21, 2012 12:43 pm

Wrong twice dammit! I'm always scared to post advice here but decided to take a chance this time and I was wrong!

What I said was true in my case though. I gotta see about getting alimony to reduce my income for CS calcs... but it should end soon anyway so not too big a deal...
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Re: Alimony and child support limits in FL

Postby defaultuser » Tue Feb 21, 2012 1:06 pm

There is a federal limit on how much they can take from your pay. Its something like 55% or so.

I'm in FL and from what I know (don't take this as gospel) the judge can deviate from the guidelines support by something like 5 or 10%, if they have reason to. I've never heard of it happening.

Alimony, I don't know about as far as how much a judge would award, except that I believe that CS is calculated after alimony. On the form 902c, alimony from this case and all other cases are deducted (line25) and are part of the total deductions allowable under section 61.30, Florida Statutes.

The net monthly income is what is used to calculate CS. Good luck.
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Re: Alimony and child support limits in FL

Postby onelove2010 » Wed Feb 22, 2012 9:31 pm

Thanks guys for you replies.
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