If my partner gets remarried, do they still have to pay child support? 1 Answers as of August 05, 2011

My boyfriends ex is remarried and does not have to work. But my boyfriend still pays child support and they take out 75 percent of his check. We have a 4 yr old together and he cant help pay for her because his check is so small after they take out the child support. So how do I get help if he cant? Do I have to get child support too just to be able to pay my daycare? I dont understand how this is fair.

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Joanna Mitchell & Associates, P.A.
Joanna Mitchell & Associates, P.A. | Joanna Mitchell
The obligation to support one's child is unaffected by the remarriage of either party. Child support is based on the combined incomes of the two parents of the child. If she is voluntarily unemployed, then income can be imputed to her. And if they are withholding 75% of his check, then they are violating federal law. 303(b) of the Consumer Protection Act States: (2) The maximum part of the aggregate disposable earnings of an individual for any workweek which is subject to garnishment to enforce any order for the support of any person shall not exceed - (A) where such individual is supporting his spouse or dependent child (other than a spouse or child with respect to whose support such order is used), 50 per centum of such individual's disposable earnings for that week; and (B) where such individual is not supporting such a spouse or dependent child described in clause (A), 60 per centum of such individual's disposable earnings for that week; except that, with respect to the disposable earnings of any individual for any workweek, the 50 per centum specified in clause (A) shall be deemed to be 55 per centum and the 60 per centum specified in clause (B) shall be deemed to be 65 per centum, if and to the extent that such earnings are subject to garnishment to enforce a support order with respect to a period which is prior to the twelve-week period which ends with the beginning of such workweek. Therefore, the maximum amount that can be withheld is 65%, and then only if they are not supporting another spouse or child and only if they are more than twelve weeks behind in their child support obligation. l.
Answer Applies to: Florida
Replied: 8/5/2011
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