BASIC FOOD STORAGE NEEDS
Posted on Wednesday, May 13th, 2009 at 10:08 pm
How hard is it to plead to a judge that the custodial parent is getting help financially from her parents?
My husband is trying to get his fatherly rights in Florida for shared parental rights on his 4 year old daughter. We obtained her bank statements for 1 year. All it states is that she gets paid on a regular basic. She pays for cable/internet, electric, child care, gym membership and a ton of fast food places. She doesn’t pay for rent, cell phone, home phone, storage unit, food, car insurance and etc. When we go to the judge and state that she doesn’t need an increase in child support b/c her parents financially support her and her family. How would this look on her and my husband?
You are probably arguing against your own best interests. If she received more child support, she wouldn’t need help from her parents to pay for basics like rent and food.
In most states, the courts will look at what each parent earns or receives in mandated support (from other exes, etc.) and then subtracts out basic living expenses, even though a parent or friend may be voluntarily assisting with the bills.
The court then compares the two incomes and the percentage of custody each parent has in order to figure out which person should pay the other for child support.
So even where the physical custody is 50/50, one parent may end up paying the other child support.
Bottom line is, her parents help is not really a factor.
Consult with a Florida family lawyer for help with this to get it done right.
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