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Am I going to pay for child support if I file for a motion to deviate from child support guidelines?

Tampa, FL |

I'm currently petitioning to divorce my husband. I received a letter stating that I need to turn in child support guidelines, which I did turn in but they are also requesting for me to file a motion to deviate from child support guidelines. The letter also ask that he turn in his financial affidavit. Does filing for a motion to deviate from child support guidelines mean that I will be paying for support? I'm not understanding.

Attorney Answers 6


A Motion to Deviate from the guidelines means you are asking the Court to either pay more or less than the amount of support required by the guidelines. I would strongly suggest you consult with and retain an attorney. This is not something you should be doing without an attorney. If you need further information please feel free to contact my office. I wish you the best of luck.

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Support is based on incomes, plus number of overnights so you have to turn in your financial statements.

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I am not sure who the 'they" are that told you to request for a deviation, but the Judge can only deviate from the calculations a small percentage without a really extraordinary circumstance. You may need to consult an attorney of the amount of child support warrants it.

This information is a general answer and is not specific to any particular case. Carin Manders Constantine, Esq. 727-456-0032/ 727-488-8272

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In a divorce with children, both sides are required to submit proposed child support guidelines scoresheet forms, regardless of who ends up paying. In very rare cases--usually in cases with special needs or disabled children who require extraordinary expenses--one or both sides file a motion to deviate from the guidelines. This probably doesn't apply to you, so you don't have to file a motion to deviate.

The contents of this answer should be considered friendly advice, not legal advice (I'm a pretty friendly guy), and the answer should not be construed to constitute an attorney-client relationship. If you'd like actual legal advice, call me for a free consultation at 813-635-0222. Also, if you liked this answer as much as my big ego thinks you did, be sure to click the thumbs-up button!

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If you are not represented and the other side is then you have a big problem. Regardless, you need to meet with an attorney prior to signing anything. Do not make this costly mistake.

Bill Rosenfelt 407-462-8787 (Orlando/Longwood/Central Florida)

Please be advised that any answers or information disseminated above do not constitute legal advice and that the attorney responsible for this posting is merely attempting to participate in a Q & A session intended to be helpful but certainly not intended to be legal advice. It is important that you understand that no attorney-client relationship has been formed and that the attorney has no obligation to follow up with you with your legal issue unless you separately contact said attorney and arrange for him to legally represent you.

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Florida statutes allows 4 ways to deviate from the Guidelines, see F.S. 61.30. The amount may vary plus or minus 5 percent after considering all of the relevant factors including: needs of the child, age, station in life, standard of living, financial status/ability of each parent. If the court proceeds with a deviation, the court must provide written findings as to why the standard guidelines are unjust or inappropriate. In addition to the above, the court may use 11 other deviation factors, which are laid out in F.S. 61.30 (11)(a). If you petitioned for a deviation, then you should have explained why and which part of the statutes you are relying upon. If your Husband is counter-petitioning for a deviation, he should also have explained why and what section he is relying upon. Good luck!

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