I'm really stressed because of Florida child support system. My husband got someone pregnant before we were married during the time we were seperated. While he was deployed she had the child and he asked that she do a paternity test, but we sent her money for the child just in case it was his. So the results were positive and he immediately drove down to fl from ga when he returned, to where the child lives, to the c/s office and to see what he would have to pay in child support. Well he was told that he would pay 350/month and 4200 in back pay for the time he was deployed and the time it took for her to come take the test, and that the money that he paid before was only a gift. So my husband asked for it to be lowered due to the fact that we have a child but he was told that my child doesn't matter because i don't have a court order for him. So sure enough they took our tax money and we've been struggling making the payment due to the fact that he is our only means of income because i'm in nursing school. Now he's out of the military and he's making a couple of hundred less than before and we have to pay for health insurance ourselves. We're told by the c/s office that we can't do a downward modification because it hasn't been 3 years, and the once again my son doesn't matter, and the person handling the case asked if i had a job but my husband told him i was in school and unemployed. He suggested that i get a job to help with school and my husband told him that my schloarships pay for school. I wanted to know why they don't suggest the mother to get a job, why am i required to take care of my son but its different for her. My husband has been doing a good job taking care of him but now my son has to go to a private daycare due to the fact that fl head start system says we make to much to put him in school free, but anyways. My husband is a good father to both of the boys but the child's mother is really immature and sometimes gets mad and keeps the child from him because my husband won't buy the child shoes or clothes. I wanted to know if it was possible to get some kind of temporary modification at least until i graduate. Or get some advice on what we can do?:confused:

How drastic a paycut did your husband receive?

Did they base his original child support on a paystub from WHILE he was deployed? Deployments provide combat & hazardous pay which is far above what the soldier would have made when not deployed........ and since he went to their office just after a deployment, it raises the question of whether they based his child support on that higher income???

That would be a pretty drastic pay cut - to go from a soldiers deployment pay to a civilian job that paid less than his regular pay... and, I believe this may impact the answers given to you on this board (by people who know more than me).

How old are both of his children?
Do you live in Florida now also?

Perhaps these answers will help everyone here to better help you....

God Bless!
Amy

He did go right after he was deployed and the combat pay was included but they told him that in the state of fl it takes at least $500/month and the father was obligated to pay at least 68% of that amount but he pays just above that amount. My son is 3 years old and his brother is 2. My husband took at job in fl once he seperated from the army and i let my son go with him while i finish my degree. My husband didn't know that he could actually go to court and get a judge to set the child support amount but i just believe that that office took advantage of the him. We both said that we want the child to recieve support but that high amount affects my son more than anyone.

I understand your stress but the courts look at your husband's first child as his first obligation. Their attitude is that if he cant support 2 children, he shouldnt have had the second. That seems pretty cold but thats the way the see it.

You are in the same boat with lots of other wives in second marriages. It stinks but its not you alone.

I think your husband needs to try to go back to court and show that his income is significantly reduced from what it was before.

However, do understand that lots of deadbeat dads take a lower paying job so they dont have to pay as much child support. Your husband will need to be prepared to counter that idea.

Lastly, dont take this all personally. Its a system and you have a spouse with a former child. It is not an easy road. Take a deep breath and help him explore his options. Remember, it is about him and his obligations and he needs to be the one in court. Although you and your child are impacted, shild support is an issue between your spouse, his ex and the court..you are not a party.

Thank you for your reply but i think that you have it a little mixed up. I had my child first, our son is the oldest. So if what you are saying is how it really works than something isn't right. According to them my child isn't the first obligation because my husband doesn't have a c/s order for him, but why would he we're married. He wasn't previously married to the other mother and i didn't just jump into this situation, I was here from the start and my husband wants me to be by his side through it all and i will. He will handle all his court preceding but i'll be by his side. To say that I'm not a part of this situation is completely false, he is my husband and we have a son together whom this affects more than anything so i want to see that my son is getting an equal amount of support as the other child. I'm just want it to be fair for the kids. I understand that there are a lot of dead beat dads out there (I had one) but it seems like the goods one's have ot suffer too! Thank u again for the reply!!!!

Ok, then discard what I said. I did misunderstand.

However, while you can be by his side to support him, you have NO LEGAL STANDING regarding his CS for his other child.

I'm really stressed because of Florida child support system. My husband got someone pregnant before we were married during the time we were seperated. While he was deployed she had the child and he asked that she do a paternity test, but we sent her money for the child just in case it was his. So the results were positive and he immediately drove down to fl from ga when he returned, to where the child lives, to the c/s office and to see what he would have to pay in child support. Well he was told that he would pay 350/month and 4200 in back pay for the time he was deployed and the time it took for her to come take the test, and that the money that he paid before was only a gift. So my husband asked for it to be lowered due to the fact that we have a child but he was told that my child doesn't matter because i don't have a court order for him. So sure enough they took our tax money and we've been struggling making the payment due to the fact that he is our only means of income because i'm in nursing school. Now he's out of the military and he's making a couple of hundred less than before and we have to pay for health insurance ourselves. We're told by the c/s office that we can't do a downward modification because it hasn't been 3 years, and the once again my son doesn't matter, and the person handling the case asked if i had a job but my husband told him i was in school and unemployed. He suggested that i get a job to help with school and my husband told him that my schloarships pay for school. I wanted to know why they don't suggest the mother to get a job, why am i required to take care of my son but its different for her. My husband has been doing a good job taking care of him but now my son has to go to a private daycare due to the fact that fl head start system says we make to much to put him in school free, but anyways. My husband is a good father to both of the boys but the child's mother is really immature and sometimes gets mad and keeps the child from him because my husband won't buy the child shoes or clothes. I wanted to know if it was possible to get some kind of temporary modification at least until i graduate. Or get some advice on what we can do?:confused:

Is your husband's CS order a court order, or is it an administrative order?
It's a court order if he had to go to court at the courthouse.
It's an adminstrative order if everything was done in the CSE office without going to court.

Either way, a modification can be done if there has been a change of circumstances. Your husband's pay decrease could be considered as voluntary, but most Judges will accept that a NCP can be a better parent by leaving the military. If it is a court order, your husband can file for a modification. If the mother isn't working, an income should be imputed to her.

Unfortunately, FL does not have any laws that allow for a deviation from the guidlelines for other children that are not covered by court order CS. I know, that stinks, but your husband can get a secondary job, and the income from that job is exempt from being used to calculate CS.

To read the laws go to www.flsenate.gov/STATUTES. Chapters 61, 88, and 409.

I won't be on line again until late Mon because my daughter is coming with my grandson and new granddaughter, but if you have any questions, please post them and I'll answer on Mon.