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Lawyer Lori
Lawyer Lori, Lawyer
Category: Family Law
Satisfied Customers: 2156
Experience:  Divorce, custody and child support attorney.
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I have two children with two different mothers. One child

Resolved Question:

I have two children with two different mothers. One child lives at home with her mother and me and the other child lives away with her mother (my exwife). I am considered the noncustodial parent for my child that lives away. How do I calculate the amount of child support I should give to the child that doesn't live with me and still be fair to the child that lives with me?
Submitted: 5 years ago.
Category: Family Law
Expert:  Lawyer Lori replied 5 years ago.
HiCustomer Thank you for asking your question on JustAnswer. The other Experts and I are working on your answer. By the way, it would help us to know:
-What state do you live in, and what state does your ex-wife and the child live in?
-Is there a support order relating to the child that lives apart from you and in what state?

Thank you again for trusting us with your problem. Please reply as soon as possible so that we can finish answering your question.
Customer: replied 5 years ago.

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.

Thanks

Expert:  Lawyer Lori replied 5 years ago.

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:

  1. Using Florida's on-line calculator, calculate child support for your newest child based on your income and the mother's income.
  2. Calculate a reduced income for yourself at 50% of the amount of child support owed for the newest child.
  3. Re-calculate child support for your first child with the reduced income.

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.

Lawyer Lori, Lawyer
Category: Family Law
Satisfied Customers: 2156
Experience: Divorce, custody and child support attorney.
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