Divorce Support Forums: partner income be considered in CS Modification?

Divorce Support Forums: partner income be considered in CS Modification?

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jloren
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Reged: 06/17/08
Posts: 2

partner income be considered in CS Modification?
#212704 - 06/17/08 05:07 PM (63.172.66.253)

Any advice in this would be greatly appreciated...

My live in partner got divorced almost two yrs ago. At the same time that his papers for the divorce were finalized so were the papers for child support. Forward two yrs and now his ex wife is taking him back to court to modify the child support payments. My question is, can my income be considered in the modofication of the child support? Also since the child support papers were last filed me and my partner now have a son together. Will that also be taken into consideration? Things are really tight for us now and if we were have to give the ex wife more money we might even end up loosing our house. Does the court even care about that? My partner already gives the ex wife a good amount of money and now she wants to get more because she can't afford to pay her bills. She also built an illegal efficiency on the side of her house that she does not claim to the court. Which seems very unfair to me. Is there anything my partner cdan do about that?
Any suggestions would be great.

Thanks

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theanswerguy
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Reged: 04/12/07
Posts: 2147

Re: partner income be considered in CS Modification? [Re: jloren]
#212705 - 06/17/08 05:09 PM (205.188.117.143)

What state ?

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Never let your sense of morals get in the way of doing what's right. Isaac Asimov

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jloren
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Reged: 06/17/08
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Re: partner income be considered in CS Modification? [Re: theanswerguy]
#212708 - 06/17/08 05:15 PM (63.172.66.253)

We live in Florida. Divorce and Child Support was filed in Florida as well.

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theanswerguy
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Re: partner income be considered in CS Modification? [Re: jloren]
#212721 - 06/17/08 06:22 PM (205.188.117.143)

In Florida the income of a subsequent spouse/partner or the effect of subsequent children usually aren't considered but can be in some circumstances . Sometimes the income of a spouse/partner may be considered as assets available to the obligor and can result in an upward deviation to the guideline amount due .
Whenever there is a request for an upward modification , the existence of subsequent children may be used to prevent it , but the court then has the right to consider your income to achieve an equitable result . Subsequent children may not be used as grounds for a decrease in an existing award EVER .

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Never let your sense of morals get in the way of doing what's right. Isaac Asimov

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Jada
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Reged: 06/02/07
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Re: partner income be considered in CS Modification? [Re: jloren]
#212736 - 06/17/08 08:27 PM (69.115.64.195)

The only time your income would count is if they take subsequent children into consideration and only in determining what portion of your income is being used for the your child's support.

If income has gone up, chances are child support will go up. That all depends on the state. Some states will only allow a modification if the increase/decrease is over a certain percentage. Some, you have to wait a specified time and then you can request one.

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