I am getting ready to have to fight for child support for my disabled daughter. But my question is this ... I was told that there is a statue in Florida that allows you to include not just the biological parents income but also their spouses income if they have remarried. I realize that it would also mean that my spouses income would also be included, but the ex is lowballing income and is self employed so proving it is going to be hard, not to metion that the ex is a family law atty. So, I'm trying to find the statue that saids that we can include spousal income in consideration for child support. Any help would be a HUGE HUGE HUGE help!!

thanks!!
Grace

The parents are responsible for the support of the child, not the father's spouse. That goes in all 50 states. The courts may ask for the other spouse's income to get a better look at that household's resources, but the other spouse is not responsible for supporting a child that is not theirs. So my suggestion is to stop thinking that way and fast. I say this because if you push the point, you may force a divorce on the father and his spouse and they will divorce and just live together just to thwart you.

I am getting ready to have to fight for child support for my disabled daughter. But my question is this ... I was told that there is a statue in Florida that allows you to include not just the biological parents income but also their spouses income if they have remarried. I realize that it would also mean that my spouses income would also be included, but the ex is lowballing income and is self employed so proving it is going to be hard, not to metion that the ex is a family law atty. So, I'm trying to find the statue that saids that we can include spousal income in consideration for child support. Any help would be a HUGE HUGE HUGE help!!

thanks!!
Grace
There is no statute like that in Florida, so whoever told you that is NOT a good source of legal info.

There is case law however that shows that IF the NCP does not have enough income (deliberately underemployed or totally unemployed while able to work) to pay CS, the court MAY impute income to the NCP on the basis of NCP's spouse's income. I suspect that this will not apply in your case unless ex isn't working at all.

In a situation like your's it's going to be difficult to get income imputed as long as ex is working, but make sure that ex provides the last 3 yrs. tax returns. Be aware though that the normal costs of doing business are NOT income.

Do you have an attorney, or is the DOR CSE providing an attorney?
Have you, or CSE filed a motion to deviate from guidelines due to child's disability? If your child is not recieving SSI you can ask the court to deviate upward from guidelines by up to 10% because of child's disability.

Xena..you said that Florida does not have a statute on this. Is there something that goes into affect after 10 years? Just curious because I heard something also but it was after the 10 year mark.

Xena..you said that Florida does not have a statute on this. Is there something that goes into affect after 10 years? Just curious because I heard something also but it was after the 10 year mark.

I have no idea what you're asking about, so if you can please explain I'll be glad to try to answer your question.