Question:
My daughter’s mother’s attorney submitted a child custody agreement to me with a child support payment amount already calculated.
How did the attorney come up with this number without information on my income? I submitted my income information to the state office and told the attorney that the Department of Revenue will handle billing and assigning the child support amount.
Now her attorney is saying I must provide him with a financial affidavit with my pay stubs. Is this right? Why can’t the state handle the child support and not her attorney who most likely has dubious intentions?
Answer:
I am unable to give you legal advice on divorce. I can give general divorce help for men based on the laws in my state (Florida), though.
Typically, Florida through the Department of Revenue will file a petition for child support if the child is receiving state benefits – i.e. Medicare, food stamps, etc. – or on behalf of the custodial parent, if the custodial parent does not receive support from the non-custodial parent. This sounds like what happened in your case, which I infer is either a divorce or paternity action.
If your daughter is not receiving state benefits and the mother chooses to drop the support action, then child support can be coordinated through the divorce or paternity proceeding. The same child support guidelines calculations are made whether it is by the state of Florida or a private attorney, and are based on a strict statutory scheme.
Your daughter’s mother’s attorney has requested that you complete a family law financial affidavit, which is required in a paternity or divorce action under the rules of family law procedure, and submit paycheck stubs, which is how she will calculate your income to calculate your child support obligation under the statute.
Nevertheless, other costs that you pay such as the cost of health insurance for you and your daughter and daycare costs should also be factored into the calculation.
You should provide documentation of the same to the attorney. If you are concerned about your ability to represent yourself, I suggest that you consult with a local family law attorney who can provide more specific advice.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with an attorney in your jurisdiction.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Melissa Knight, an associate attorney in the Tampa, Florida, office, contact Cordell & Cordell.
