We all live in Florida. No, there is no support order. We agreed to come to an amount on our on terms. Originally there was only one child, the one that lives with my exwife. But now I have a new child at home. So I need to come up with a new amount to help support my first child.
If there were a support order in effect, Florida would not consider the birth of your subsequent child as a reason to reduce required child support but it is a factor for the court to consider in a proceeding to increase the existing award. Other factors taken into consideration would include whether you obtained a second job to support the new child (this would not be added to your income in calculating support for the first child) and your spouse's income (or potential income) might also be considered as to whether the court would deviate from the guideline amount.
A fair method to determine child support after the birth of another child, and as applied by other states, is to first calculate what the child support would be for this additional child without taking the first child into consideration. Then a second calculation for the first child would be performed, reducing your income by the amount of child support that would be due for the second child.
So simply follow these steps:
Please be aware that if this does end up in court, an order would most likely be entered that does not factor in the birth of your second child. I hope this is helpful.
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