Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law
This answer was rated:

If someone does not pay child support and they are

remarried, and claim to be...
If someone does not pay child support and they are remarried, and claim to be unemployed, but their spouse is employed, can child support be collected using their new spouse’s income? This is in Florida?
Show More
Show Less
Ask Your Own Family Law Question
Answered in 5 minutes by:
1/7/2018
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 11,868
Experience: Experienced Family Law Attorney
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Ask Your Own Family Law Question

Only the biological/adoptive (not step parents) parents have a duty to support a child; as such new spouse income is not considered for guideline support purposes.

however, if a person chooses not to work because their new spouse has enabled them to remain unemployed, the court can "impute" (assign) income to that party based on the amount they should be able to earn (based on their job skills, education etc).

The idea is that both parents have an obligation to support a child so if a parent is purposefully under/unemployed the court may impute income to that party.

If a party does work, and the new spouse contributes most of the living expenses, the court may also deviate from the guideline amount on the theory that the parent has more disposable income available for child support purposes.

LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 11,868
Experience: Experienced Family Law Attorney
Verified
LegalGems and 87 other Family Law Specialists are ready to help you
Ask your own question now
Ask LegalGems Your Own Question
LegalGems
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 11,868
11,868 Satisfied Customers
Experience: Experienced Family Law Attorney

LegalGems is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,875 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
Yeah im writing a child support agreement and was just
yeah im writing a child support agreement and was just looking for examples … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,738 satisfied customers
I have a child support case that is going to be revisited in
I have a child support case that is going to be revisited in court next month. My ex's former employer has offered to print out pay stubs from when he was employed there. I do not have an attorney, I … read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
567 satisfied customers
If I wasn't properly served for a child support hearing and
If I wasn't properly served for a child support hearing and never received any type of correspondence in regards ***** ***** support which has been opened since 2015. How is it that I was never notifi… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
2,119 satisfied customers
My son was divorced in Tennessee. Child support was setup.
My son was divorced in Tennessee. Child support was setup. He now lives in Michigan and his exwife and daughter live in Texas. He has taken a job that doesn't pay as well as his Tennessee job. Can a M… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,535 satisfied customers
I'm paying child support for children that are not mine I've
I'm paying child support for children that are not mine I've been doing it for over 24 years and the judge says until I get a paternity test their mine so I want to know how do I get a court order pat… read more
Crystal
Crystal
Attorney
JD
3 satisfied customers
I'm looking for assistance on how to cancel child support
Hi! I'm looking for assistance on how to cancel child support and arrears in the state of Mississippi. Any guidance you can provide is greatly appreciated. Thank you! … read more
S. Kincaid
S. Kincaid
Doctoral Degree
2,355 satisfied customers
I am calculating child support in California. For rental
I am calculating child support in California. For rental income, should I add back depreciation expenses? For example, if I had $100,000 of rents received on line 3 of schedule E of my tax return, $25… read more
LegalGems
LegalGems
Lawyer
11,868 satisfied customers
Exhusband requesting child support decrease for a change
Exhusband requesting child support decrease for a change that will not happen for 7 months… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,535 satisfied customers
In terms of child support and custody in the state of
In terms of child support and custody in the state of Wisconsin. What legal actions can be taken if the mother is currently housing, and feeding the child 80% of the time. The father is providing hous… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,535 satisfied customers
My? is child support. To. I was paying interest on child
to. I was paying interest on child support. My ex pasted in sept 17. I contacted child support div when I found out in nov 17 my retirement was garnished. I was told that because Dec payment was collected I was not entitled a refund on that money it had to be distributed somewhere. … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
How do they figure overtime into your child support for
How do they figure overtime into your child support for work? I've been told that it's factored in. However the type of work I work the overtime is spotty. You may work the weekends, Saturday for a mo… read more
LegalGems
LegalGems
Lawyer
11,868 satisfied customers
If you pay child support? But are behind what will happen
If you pay child support? But are behind what will happen when you go to court? Contempt? I have to pay 1800 a month. But have only been able to pay 1300. We are still going through the divorce/custod… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,535 satisfied customers
It's regarding a judgment for arrears on child support in
It's regarding a judgment for arrears on child support in Texas … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,738 satisfied customers
If someone does not pay child support and they are
If someone does not pay child support and they are remarried, and claim to be unemployed, but their spouse is employed, can child support be collected using their new spouse's income? This is in Flori… read more
LegalGems
LegalGems
Lawyer
11,868 satisfied customers
How can you apply for modification in child support in the
how can you apply for modification in child support in the state of Florida if your job has changed your income … read more
KLAW
KLAW
Juris Doctorate
1,843 satisfied customers
What is the age of discontinuing child support if in
what is the age of discontinuing child support if in college … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,535 satisfied customers
This a child support question, I am paying child support an
This a child support question, I am paying child support an my child is graduating from high school May 2018 starting college August 2018 and plan on live on campus. My Ex who has physical custody is … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
2,119 satisfied customers
This is about a child support modification that was
This is about a child support modification that was initiated by another party. The other party asked to transfer the case to a different county in Texas, I e-filed what I titled Custodial Parent's re… read more
Ray
Ray
Lawyer
Doctoral Degree
31,311 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x