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Author Topic: Spousal Support vs. Child Support  (Read 2605 times)

daddyrabbit38

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Spousal Support vs. Child Support
« on: Nov 24, 2003, 05:05:11 AM »
Good morning,

background; i'm currently married in a short term marriage with no minor children, in Florida, however my wife has become partially disabled.  We are having difficulty in our marriage and we have discussed many different things, my wife wants to file "petitioner for support unconnected with dissolution", bascially the support she is requesting is the exact amount of our mortgages, thereby no matter what happens in our marriage the house is taken care of, however, I am concerned about my existing child support order.

1.  If I enter into a Settlement Agreement to pay this support will the Judge deny it since its a short term marriage?
2.  Can I then file a copy of the judgment for support in the other child support case and petition for a modification with the other support as a legal reduction to my income?
3.  Can the Mother of my child fight the order on support to my wife since we are not officially divorced? or since its an actual order does she not have a leg to stand on?
4.  Can the Mother of my child fight the order stating that the child was born before my marriage and therefore child support calculation come first and the order should not be allowed to reduce my income?


Thank you so very much for reading over this, I'm just a bit nervous over the whole situation....


socrateaser

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RE: Spousal Support vs. Child Support
« Reply #1 on: Nov 25, 2003, 02:20:32 AM »
>Good morning,
>
>background; i'm currently married in a short term marriage
>with no minor children, in Florida, however my wife has become
>partially disabled.  We are having difficulty in our marriage
>and we have discussed many different things, my wife wants to
>file "petitioner for support unconnected with dissolution",
>bascially the support she is requesting is the exact amount of
>our mortgages, thereby no matter what happens in our marriage
>the house is taken care of, however, I am concerned about my
>existing child support order.
>
>1.  If I enter into a Settlement Agreement to pay this support
>will the Judge deny it since its a short term marriage?

The judge will probably sign it.

>2.  Can I then file a copy of the judgment for support in the
>other child support case and petition for a modification with
>the other support as a legal reduction to my income?

Yes. The other party can ask that the court not give the order any credit, on grounds that both of you continue to live in the same residence. To successfully use this approach you need to assert that you are living apart from each other.

>3.  Can the Mother of my child fight the order on support to
>my wife since we are not officially divorced? or since its an
>actual order does she not have a leg to stand on?

See above.

>4.  Can the Mother of my child fight the order stating that
>the child was born before my marriage and therefore child
>support calculation come first and the order should not be
>allowed to reduce my income?

No. But she won't need to.

>
>
>Thank you so very much for reading over this, I'm just a bit
>nervous over the whole situation....

 

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