Legal Question in Family Law in Florida

divorce

How much alimony and child support will I receive for one child? My spouse makes 70,000 a year and I make 6,000 a year? I may need to apply for SSI for my disability son too.


Asked on 7/09/07, 12:22 pm

2 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: divorce

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Much more information is necessary in order to answer your question. Child support is based on the combined net income of the parties pursuant to the statutory guidelines set forth in Florida Statute 61.30. You can view the guidelines online at:

http://dor.myflorida.com/dor/childsupport/guidlines.html

Alimony is far more complex and is not guaranteed. Generally, it is only awarded in a long term marriage when the spouse has no ability to earn her or his own income.

Scott R. Jay, Esq.

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Answered on 7/15/07, 12:50 pm

Re: divorce

There isn't enough information here to give you an accurate answer on child support. The statutes provide a table and formula to calculate child support. It is based on NET income, though and you must know the various deductions from gross income that are allowed and you must know them for both parents. If you are doing your divorce yourself, you will have to get a worksheet to go through the formula as well as much more information to plug in.

As for alimony, there are many factors that go into whether one get it, what kind, and how much. There are statutory factors as well and include such things as length of the marriage, lifestyle, ability to pay, need, assets, ability to get income... Alimony, if awarded, is one of the deductions taken on gross income prior to calculating child support.

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Answered on 7/10/07, 8:52 am


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