Motion To Deviate From Child Support Guidelines Florida Legal Form

IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUIT,
IN AND FOR COUNTY, FLORIDA

Case No.:

Division::

Petitioner

and

Respondent

MOTION TO DEVIATE FROM CHILD SUPPORTGUIDELINES

Petitioner Respondent requests that the Court enter an order granting the following:

SECTION I
[Choose A or B]

A.	MORE child support than the amount required by the child support guidelines. The Court should order MORE child support than the amount required by the child support guidelines because of: [Choose all that apply to yoursituation]

1.	Extraordinary medical, psychological, educational, or dentalexpenses;

2.	Seasonal variations in one or both parent’s income or expenses

3.	Age(s) of the child(ren), taking into account the greater needs of older child(ren);

4.	Special needs, such as costs that may be associated with the disability of achild or child(ren), that have traditionally been met within the family budget even though the fulfilling of those needs will cause support to exceed the presumptive amount established by the guidelines;

5.	Total available assets of obligee, obligor, and the child(ren);

6.	Impact of the Internal Revenue Service Child & Dependent Care TaxCredit, Earned Income Tax Credit, and dependency exemption and waiver of thatexemption;

The Parenting Plan, such as where the child or children spend a significant amount of time, but less than 20 percent of the overnights, with one parent, thereby reducing the financial expenditures incurred by the other parent, or the refusal of a parent to become involved in the activities of the child(ren) has increased the financial expenditure incurredby the obligee;

8.	The obligee parent’s low income and ability to maintain the basic necessities of the home for the child(ren);

9.	The likelihood that either parent will actually exercise the time-sharing schedule set forth in the parenting plan and/or whether all the children are exercising the same timesharing schedule;

10.

Any other adjustment that is needed to achieve an equitable result, whichmay include reasonable and necessary expenses or debts jointly incurred during themarriage. Explain any items marked above:

B.	LESS child support than the amount required by the child support guidelines. TheCourt should order LESS child support than the amount required by the child support guidelines because of:

[Choose all that apply to yoursituation]

1.	Extraordinary medical, psychological, educational, or dental expenses;

2.	Independent income of child(ren), excluding the child(ren)’s SSI (supplemental security income)

3.	Payment of support for a parent which has been regularly paid and for which there is a demonstrated need;

4.	Seasonal variations in one or both parent’s income or expenses;

5.	Age of the child(ren), taking into account the greater needs of older child(ren);

6.	Total available assets of obligee, obligor, and child(ren);

7.	Impact of the Internal Revenue Service Child & Dependent Care Tax Credit, Earned Income Tax Credit, and dependency exemption and waiver of that exemption;

8.	Application of the child support guidelines which requires the obligor to pay more than 55% of gross income for a single support order;

9.	Residency of subsequently born or adopted child(ren) with the obligor, include consideration of the subsequent spouse’s income;

10.

The Parenting Plan, where the child(ren) spend a significant amount of time, but less than 20 percent of the overnights, with one parent, thereby reducing the financial expenditures incurred by the other parent; or the refusal of a parent to become involved in the activities of the child(ren)has reduced the financial expenditure of that parent;

11.

Any other adjustment that is needed to achieve an equitable result, which may include reasonable and necessary expenses or debts jointly incurred during the marriage.

12.

Explain any items marked above:

SECTION II. INCOME AND ASSETS OF CHILD(REN) COMMON TO BOTH PARTIES

List the total of any independent income or assets of the child(ren) common to both parties (incomefrom Social Security, gifts, stocks/bonds, employment, trust fund(s), investment(s), etc.). Attach an explanation.

TOTAL VALUE OF ASSETS OF CHILD(REN) $

TOTAL MONTHLY INCOME OF CHILD(REN) $

SECTION III. EXPENSES FOR CHILD(REN) COMMON TO BOTHPARTIES

All amounts must be MONTHLY. See the instructions with this form to figure out money amounts for anything that is NOT paid monthly. Attach more paper, if needed. Items included under “other” should be listed separately with separate dollar amounts.

1.	$ Monthly nursery, babysitting, or other child care

2.	$ Monthly after-school care

3.	$ Monthly school tuition

4.	$ Monthly school supplies, books, and fees

5.	$ Monthly after-school activities

6.	$ Monthly lunch money

7.	$ Monthly private lessons/tutoring

8.	$ Monthly allowance

9.	$ Monthly clothing

10.

$ Monthly uniforms

11.

$ Monthly entertainment (movies, birthday parties, etc.)

12.

$ Monthly health and dental insurance premiums

13.

$ Monthly medical, dental, prescription charges(unreimbursed)

14.

$ Monthly psychiatric/psychological/counselor(unreimbursed)

15.

$ Monthly orthodontic (unreimbursed)

16.

$ Monthly grooming

17.

$ Monthly non-prescriptionmedications/cosmetics/toiletries/sundries

18.

$ Monthly gifts from children to others (other children, relatives, teachers, etc.)

19.

$ Monthly camp or other summer activities

20.

$ Monthly clubs (Boy/Girl Scouts, etc.) or recreational fees

21.

$ Monthly visitation expenses (for nonresidential parent) {Explain}

22.

$ Monthly insurance (life, etc.)
{explain}: Other {explain}:

23.

24.

25.

26.

$ TOTAL EXPENSES FOR CHILD(REN) COMMON TO BOTHPARTIES
(add lines 1 through 25)

I have filed, will file, or am filing with this form the following additionaldocuments:

1.	Florida Family Law Family Law Financial Affidavit, Florida Family Law Rules of Procedure Form 12.902(b) or (c).

2.	Child Support Guidelines Worksheet, Florida Family Law Rules of Procedure Form 12.902(e).

I certify that a copy of this document was () mailed () faxed and mailed () e-mailed () hand delivered to the person(s) listed below on {date} .

Other party or his/her attorney:

Name:

Address:

City,State,Zip:

Fax Number:

Designated E – mail Address(es):

I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this motion and that the punishment for knowingly making a false statement includes fines and/or imprisonment.

Dated:

Signature of Party or his/her attorney

Printed Name:

Address:

City,State,Zip:

Fax Number:

Designated E – mail Address(es):

STATE OF FLORIDA COUNTY OF

Sworn to or affirmed and signed before me on bY

NOTARY PUBLIC or DEPUTY CLERK

[Print, type, or stamp commissioned name of notary or
deputy clerk.]

Personally known

Produced identification

Type of identification produced

IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW:[fill in all blanks]

This form was prepared for the: {choose only one} ( ) Petitioner ( ) Respondent.This form was completed with the assistance of:

{name of individual}

{name of business}

{address}

{city}

{state}

{telephone number}

Contact Information

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