My ex filed to modify our time sharing and child support. If the judge denies her request to modify time sharing, can the judge still grant the modification of child support. If there has been a change in the incomes? My ex makes the same she did 3 years ago when we divorced. I on the other hand make about 25k more than I did at the time of divorce. We have 2 children together ages 5,6.
Yes, your child support obligation can be increased even if time sharing is not. The standard is need and ability to pay and, as I am sure you know, there is a complicated calculation for child support. Children's needs are presumed to go up as they get older, if your income also goes up it is highly likely that you will be ordered to pay more.
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Divorce / Separation Lawyer
Yes, the child support can be modified in either case.
Daniel Bachert, Esq.
The Bachert Law Firm, P.A.
330 Clematis Street, Suite 222
West Palm Beach, Florida 33401
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The child support may be modified even if the judge does not grant the modification of time sharing. If your income went up $25K, it sounds like you have a substantial change in circumstances which may result in your child support being raised. I must respectfully disagree with my colleague regarding the standard for child support being need and ability to pay. That is the standard for spousal support. Child support is based on statutory guidelines that takes into account both of your incomes.
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Family Law Attorney
Go the Florida Senate website. From there look up Fla. Stat. 61.30. This is the Florida Child Support Guidel;ine statutes. As several of my collegues commneted it is based on "models of income" approach. If child support is referenced in the paper work before the court (it must be for the court to have the power or jurisdiction to deal with it) than it can be adjusted even if other parenting issues are not. With two kids you're probably looking at an increase in support of around $400 to $500 per month on the $25,0000 gross increase. Get a lawyer. The calculations are complicated and different lawyers have different ideas about their construction. An extra $6000 per year for 13 years makes a couple thousand for a lawyer seem cheap by comparison.
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