Asked in Family Law for Florida

Q: Does infant from new marriage get factored into cs when there has not been an order yet?

My husbands ex-wife took him to court when she found out I was seven months pregnant to set up a child support for their two children. He had been paying her a mutually agreed upon amount previously. Our son is now eight months old and we are going to court soon for the trial. Can the cost of him be factored in to the gross income of my husband?

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2 Lawyer Answers
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: You are saying that there is a child support order from a previous marriage in place, and now you and he are about to be divorced as well? Yes, I believe the previous support order will be considered in figuring his gross income. See the Florida courts' financial affidavit form.

John Arthur Smitten
John Arthur Smitten
Answered
  • Clearwater, FL
  • Licensed in Florida

A: Yes. It is called a Smith Credit.

Use of a lawyer is recommended.

John A. Smitten, Esquire

Carey Leisure and Neal

622 Bypass Drive, Suite 100

Clearwater, FL 33764

Phone: 727-799-3900/Fax: 727-490-4944

jsmitten@careyandleisure.com

www.careyandleisure.com

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