Child support attorney answers common questions when considering modification of child support or appealing a ruling in a child support case in Florida.
The judge did not take into account the fact that my child’s other parent was not working as hard as they used to once the child support case. Was that an error?
Possibly. If evidence was shown to the judge establishing that someone was deliberately unemployed, or underemployed, the judge can determine that someone’s income for purpose of paying support is what they used to earn before they stopped working. However, this is a factual determination, and the judge has the discretion to determine that the evidence does not support a finding that someone is deliberately unemployed or underemployed.
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