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What does Child Support on Reserve mean in a divorce decree.

Tampa, FL |

My attorney told me that was going to be put in our agreement with 50/50 custody. I wanted to go after him for child support because just before the divorce i filed for it cause he was absent for five years from my sons life but in Florida it is hard now to get full custody because now they want you to have a parenting plan. So I did 50/50. My attorney told me I have a better chance of going after him for child support with the DOR because im receiving food stamps and medicaid for our child. Did my attorney lie to me am I screwed now because its 50/50?

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Attorney answers 1


While including a reservation of child support in your custody agreement based upon your 50/50 timesharing may help the agreement get approved by the Court, under Florida Family Law Rule 12.285(j) a child support guideline worksheet must be filed in order for the Court to enter a Final Judgment so you may still run into some issues. As you're receiving food stamps for the children your rights to determine or agree to any amount of child support is subrogated to the state under Florida Statute 409.2561 so DOR will likely still bring a case against the child's father. The biggest effect of the 50/50 time sharing will be as long as he actually lives up to the 50/50 timesharing he will be able to have the child support calculated using the "gross up" method which will likely reduce how much he would be obligated to pay as opposed to if both parents did not have at least 40% of the overnights.

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