Jacksonville Florida Motion to Deviate from Child Support Guidelines

• Category: Florida Family Law - Statewide - Divorce - Motions
• State: Florida
• City: Jacksonville
• Control #: FL-12943
• Format: Word; PDF; Rich Text

Description

A motion is a written request to the court to take a certain action. The court will either grant or deny the motion in accordance with law and court rules. This document, a Motion to Deviate from Child Support Guidelines - Official, is a model motion requesting the named action from the court (or a general motion form). Adapt to fit your facts and circumstances. Available for download now in standard format(s). USLF control no. FL-12943 A Jacksonville Florida Motion to Deviate from Child Support Guidelines refers to a legal document filed by a parent or guardian in the state of Florida, specifically in Jacksonville, seeking an adjustment or deviation from the standard child support guidelines set by the state. The purpose of this motion is to request a modification in the child support amount based on special circumstances or scenarios that may not be fully addressed by the standard guidelines. The Child Support Guidelines in Florida establish a predetermined formula that calculates child support payments based on various factors, including the income of both parents, the number of children involved, and the time-sharing schedule between the parents. These guidelines are generally followed to ensure fairness and consistency in determining child support obligations. However, there are instances where adhering strictly to these guidelines may not accurately reflect the financial needs or capabilities of the parents and the best interests of the child. In such cases, a parent can file a Motion to Deviate from Child Support Guidelines to request a modification or adjustment to the standard child support amount. There are several types or grounds for filing a Motion to Deviate from Child Support Guidelines in Jacksonville, Florida, including: 1. Substantial Time sharing Deviation: This type of motion is filed when one parent has a significantly higher or lower amount of time-sharing with the child than the standard guidelines assume. For example, if one parent has majority time-sharing or the child spends equal time with each parent, the child support amount may need adjustment. 2. Income Deviation: This motion is applicable when a parent's income surpasses the cap set by the child support guidelines or if there are exceptional circumstances affecting one parent's income, such as an involuntary loss of employment, substantial investments, business expenses, or self-employment earnings. 3. Extraordinary Expenses Deviation: In situations where the child has significant medical, educational, or other extraordinary expenses that are not accounted for in the standard child support guidelines, a Motion to Deviate may be filed to allocate these added expenses fairly between the parents. 4. High Income Deviation: This type of deviation occurs when the combined monthly income of both parents exceeds the income limits specified in the child support guidelines, necessitating a different calculation method or an adjustment to the guideline amount. When filing the Motion to Deviate from Child Support Guidelines in Jacksonville, Florida, certain requirements should be met, including the completion of specific legal forms, providing supporting financial documentation, and clearly stating the grounds for the deviation being sought. It is essential to provide evidence and present a compelling argument to convince the court that a deviation from the standard child support guidelines is necessary and in the child's best interest. Ultimately, the court will carefully review the motion, consider the circumstances presented, and make a decision based on the best interests of the child. It may grant a deviation if the requesting parent sufficiently demonstrates that the guidelines do not accurately reflect the financial circumstances or requirements of the child and the parents.

A Jacksonville Florida Motion to Deviate from Child Support Guidelines refers to a legal document filed by a parent or guardian in the state of Florida, specifically in Jacksonville, seeking an adjustment or deviation from the standard child support guidelines set by the state. The purpose of this motion is to request a modification in the child support amount based on special circumstances or scenarios that may not be fully addressed by the standard guidelines. The Child Support Guidelines in Florida establish a predetermined formula that calculates child support payments based on various factors, including the income of both parents, the number of children involved, and the time-sharing schedule between the parents. These guidelines are generally followed to ensure fairness and consistency in determining child support obligations. However, there are instances where adhering strictly to these guidelines may not accurately reflect the financial needs or capabilities of the parents and the best interests of the child. In such cases, a parent can file a Motion to Deviate from Child Support Guidelines to request a modification or adjustment to the standard child support amount. There are several types or grounds for filing a Motion to Deviate from Child Support Guidelines in Jacksonville, Florida, including: 1. Substantial Time sharing Deviation: This type of motion is filed when one parent has a significantly higher or lower amount of time-sharing with the child than the standard guidelines assume. For example, if one parent has majority time-sharing or the child spends equal time with each parent, the child support amount may need adjustment. 2. Income Deviation: This motion is applicable when a parent's income surpasses the cap set by the child support guidelines or if there are exceptional circumstances affecting one parent's income, such as an involuntary loss of employment, substantial investments, business expenses, or self-employment earnings. 3. Extraordinary Expenses Deviation: In situations where the child has significant medical, educational, or other extraordinary expenses that are not accounted for in the standard child support guidelines, a Motion to Deviate may be filed to allocate these added expenses fairly between the parents. 4. High Income Deviation: This type of deviation occurs when the combined monthly income of both parents exceeds the income limits specified in the child support guidelines, necessitating a different calculation method or an adjustment to the guideline amount. When filing the Motion to Deviate from Child Support Guidelines in Jacksonville, Florida, certain requirements should be met, including the completion of specific legal forms, providing supporting financial documentation, and clearly stating the grounds for the deviation being sought. It is essential to provide evidence and present a compelling argument to convince the court that a deviation from the standard child support guidelines is necessary and in the child's best interest. Ultimately, the court will carefully review the motion, consider the circumstances presented, and make a decision based on the best interests of the child. It may grant a deviation if the requesting parent sufficiently demonstrates that the guidelines do not accurately reflect the financial circumstances or requirements of the child and the parents.