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  1. #1
    Join Date
    Dec 2008
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    3

    Default How Do Florida Support Guidelines Apply to My Case

    My question involves child support in the State of: FL
    I was given Primary Residential Parent status on an open ended Temp. order 1 1/2 years ago. At the time the judge lowered my support obligation from $600/mth. to $250. I asked that it be erased, as I was the custodial parent, but he said that the mother would need some support for her visitations. Well, she hasn't exercised much visitation, so I'm going back to court to ask the remaining support be erased.

    The problem is when I go to the State Child support guidelines (statute 61.3) it pays no heed to who the primary residential parent is. When you finish the calculations, you get a support obligation for each parent based on how much they earn. She does not earn anything, and is on SSI (not SSDI-so no help there). I am the only wage earner, so I am the one with the support obligation. Under this formula, I would pay her even more. There is a section for shared parenting which takes into account %of overnights- but again I would end up the only payor- and it does not apply anyway, as her % of overnights is 1%. The state DOR has a link to a guideline worksheet which actually says "Noncustodial parent's support obligation" above the final computation area- but my case will be heard in circuit court- not by the DOR. I called my former lawyer and asked her- and she said that I was wasting my time, and would probably still end up having to pay her. But then I called my sister- who's case is similar to mine (she earns 3X what the noncustodial father earns) and she did get an award of support from him. But I believe her case was handled by the Dept. of Revenue. It would not be unusual for my former lawyer to be wrong. I've done much better without her help. But it is her profession.
    Does anyone know what happens in Circuit court in Florida? Could it be that the DOR has one standard, and the Circuit court has another? I need to know what to argue when I go to court in a month. Please help

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