Question: My ex has remarried and has another family to support. How does this affect child support in Florida?
The facts that your ex has a new family with younger children will not allow your ex to lower the child support. Any reduction in child support would have to be based on a reduction in income or some of the other factors that are used in a child support calculation such as medical insurance or day care expense.
However, your ex’s new family might limit your ability to have the child support increased in the future. Under currently existing Florida case law, the ex’s obligation to support the new, younger children might limit your ability to have the prior child support obligation increased. The child support might still be increased, just not as much as suggested by the Florida Child support Guidelines.
If your ex is trying to limit the amount of an increase in child support, the income of your ex’s new spouse can come into play. For example, if the new spouse is making a lot of money, your ex can probably afford the increase you are seeking. In a situation like this, the judge has a good deal of discretion to do what they think is fair under the circumstances.
