Bradenton, FL asked in Child Support for Florida

Q: How is child support calculated when the non custodial parent is Temporary not working due to a car accident.

2 weeks ago I applied to put my ex boyfriend on child support. The case is not open yet as they said it takes about 20 days to open it. 5 days ago he got in a car accident totaling his car and he just got out the hospital today but will need hip surgery. Prior to the car accident he was working full time, but now he will be out of work until he is healed. He has not given me a penny for financial support in over a year. Will child support be set at 0 now since he won’t have any income until he gets back to work? Or will they base it off what his income was prior to the accident? He was at fault for the accident, it was a single vehicle & his job does not offer any insurance benefits so I doubt he will be getting paid while he’s out.

Related Topics:
1 Lawyer Answer
Jean Richardson
Jean Richardson
PREMIUM
Answered
  • North Miami, FL
  • Licensed in Florida

A: The Department of Revenue will send him a notification that you have filed for child support. In that packet, DOR will ask for pay stubs and income tax documents. If he is currently unemployed, DOR will most likely impute minimum wages on him. If he was working full time for a company, there should be some-type of worker's comp insurance, short term disability, etc.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.