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Is it reasonable to ask for a deviation of the child support guidelines?

Orlando, FL |

The form says: Any other adjustment that is needed to achieve an equitable result, which may include reasonable and necessary expenses or debts jointly incurred during the marriage.

I cannot rent an apartment because my ex-wife skipped out on the lease that I co-signed for her when I went in the military. Also, my credit is screwed because she let our car get repossessed during the divorce. Is it reasonable for me to ask for a deviation on child support so I can pay down those debts?

Attorney Answers 4


You can ask for a deviation for any good cause, and determining what good cause is is the role of the judge. be sure to file a separate motion to request deviation if you have not already done so.
Remember, child support is a right of the child, and purportedly to be used for the child's benefit. Your arguments that are most likely to be successful in getting a deviation (more than the allowable 5%) will be things that show a benefit to the child. Usually those will involve access costs (i.e. travel expenses to see the child), payment for extra-curricular activities, etc. I would spend more time on those types of arguments, because the judge should not use award of child support as a way to punish a parent.

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I agree with Mr. Johnson.

You need to file a separate motion to deviate from child support guidelines and put in all the facts that you are claiming are the basis for the deviation. It will ultimately be up to the judge.

You should consult an attorney for advice regarding your individual situation since every case is different and not all information is relayed in an online question. The Law Office of Ophelia Bernal-Mora, P.A. is a family law firm located in Orlando, Florida, we invite you to contact us and welcome your calls at 407-354-5223. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

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I do not think so...the payment of those expenses do not benefit the children.....

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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Then why is it even on the Motion for Deviation?


I would need a little more information from you to fully answer your question. If your ex-wife was ordered in the divorce to pay those specific debts and she has defaulted, resulting in the companies coming after you, depending on your income, you may be able to persuade a judge to deviate from the guidelines.

This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice nor does it constitute an attorney-client relationship

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