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Family Law Answers
Family Law Answers, Family Law Attorney
Category: Family Law
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Experience:  more than 16 years experience as an attorney - current family law litigation + mediation practice
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I recently had a modification of child support hearing. My

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I recently had a modification of child support hearing. My child support was reduced in half. This was a tremendous help while seeking full employment. The financial affidavit my ex wife entered with the court is materially false. She claimed $1600 a month income. In fact, her mortgage on her 5 acre horse farm is $1800/month not to include all other necessary monthly expenses. Her income is, more correctly, is over $10,000/month from her thriving business she owns. In the state of Florida, and specifically with the Florida guidelines for child support is this gross misrepresentation of her income causing me to pay more child support than necessary? What is the best way to approach this situation?
Submitted: 7 years ago.
Category: Family Law
Expert:  Family Law Answers replied 7 years ago.

Hi and thanks for your question.


Yes, if the court is using a lower income that she actually has to calculate your child support calculation, then this is likely causing you to pay more child support than necessary.


You can approach this situation by presenting evidence to the court showing the court that she has made misrepresentations regarding her income. Since she has her own business, this is not going to be a simple thing to do, but it is not impossible. You can conduct "discovery" into her financial situation, which should include providing financial information regarding her business such as profit and loss and other financial statements; I don't know what type of business she owns, but you should also be able to glean information from her tax returns, keeping in mind that the IRS allows certain deductions that the child support court does not necessarily (example is depreciation that is allowed in IRS would not be allowed as a "deduction" from her income for child support calculation purposes) - if she files a Schedule C, which she may if she is the only owner of the business or self-employed, then this will itemize the deductions that she's claiming and you should be able to receive the back-up documentation for these figures. You can also request her bank accounts if she is self employed, so that you can show the income coming in and expenses going out either match up or do not.


I hope that this answers your question; if so, please click the green Accept button. Thanks very much and I wish you the best here.

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