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Modification of child support question

Sanibel, FL |

My ex filed one of these due to a large increase in my pay. Our original agreement I was ordered to pay 230/mth for 2 kids. We agreed to cover our own child care when the kids are with us. Now since she filed to modify this she included what she pays for child care per month and that is affecting my new amount by about 150/mth. Since we agreed to pay for our own child care then how can what she pays for child care effect my new support amount? Our kids are 7,6

Attorney Answers 2

  1. A modification of an order requires a substantial change in circumstances which is unanticipated. If you have a significant increase in pay, (without knowing anything else) it likely meets the substantial change requirement. Typically the child care expenses are included into the child support calculation. However, if your current order clearly states that you will each be responsible for your own, then typically that would stay the same. She will attempt to argue that the child care amount is part of the calculation and you should be responsible. You can include your cost of child care in your calculations and see how much it changes. You should speak to a lawyer that can run a child support calculation and see what sort of difference you are looking at.

    This answer is provided for a general purpose, as I am not privvy to all the details or documents relating to your case. This answer does not establish an attorney-client relationship. Prior to taking any action, you should consult with an attorney who has the opportunity to learn all the factors of your case or situation.

  2. You should consult a family law attorney face-to-face. She can certainly ask the court for the modification.

    My answer to your question does not create an attorney-client relationship.

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