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Motion To Deviate From Child Support Guidelines w-Instructions 12.943 - Florida
| Motion To Deviate From Child Support Guidelines w-Instructions Form. This is a Florida form and can be used in Motions Family Law Statewide . |
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INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.943, MOTION TO DEVIATE FROM CHILD SUPPORT GUIDELINES (05/12) When should this form be used? Child support in Florida is determined by the child support guidelines found in section 61.30, Florida Statutes. The court, at its discretion, may raise or lower the child support guidelines amount by up to 5%. In addition, the court may raise or lower the guidelines support amount by more than 5%, if written reasons are given for the adjustment. The court may make these additional adjustments based on certain considerations, which are reflected in this form. You should review this form to determine if any of the reasons for adjusting the child support guidelines amount apply to your situation and you should complete this form only if you want the court to order more child support or less child support than the amount required by the child support guidelines. This form should be typed or printed in black ink. After completing this form, you should file the original with the clerk of the circuit court in the county where your case is filed and keep a copy for your records. Because you are filing the petition in this proceeding, you are also referred to as the petitioner and the other party as the respondent. What should I do next? A copy of this form must be mailed or hand delivered to the other party in your case. Where can I look for more information? Before proceeding, you should read General Information for Self-Represented Litigants found at the beginning of these forms. For further information, see section 61.30, Florida Statutes. Special notes... More information on the child support guidelines as well as a chart for converting income and expenses to monthly amounts if paid or incurred on other than a monthly basis is contained in the instructions to Florida Family Law Financial Affidavit, Florida Family Law Rules of Procedure Form 12.902(b) or (c), and the Child Support Guidelines Worksheet, Florida Family Law Rules of Procedure Form 12.902(e). With this form you must also file the following, if not already filed: Florida Family Law Financial Affidavit, Florida Family Law Rules of Procedure Form 12.902(b) or (c). Child Support Guidelines Worksheet, Florida Family Law Rules of Procedure Form 12.902(e). (If you do not know the other party's income, you should file this worksheet as soon as you receive a copy of his or her financial affidavit.) Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps you fill out these forms, that person must give you a copy of Disclosure from Nonlawyer, Florida Family Law Rules Instructions for Florida Supreme Court Approved Family Law Form 12.943, Motion to Deviate from Child Support Guidelines (05/12) American LegalNet, Inc. www.FormsWorkFlow.com of Procedure Form 12.900 (a), before he or she helps you. A nonlawyer helping you fill out these forms also must put his or her name, address, and telephone number on the bottom of the last page of every form he or she helps you complete. Instructions for Florida Supreme Court Approved Family Law Form 12.943, Motion to Deviate from Child Support Guidelines (05/12) American LegalNet, Inc. www.FormsWorkFlow.com IN THE CIRCUIT COURT OF THE ____________________________________JUDICIAL CIRCUIT, IN AND FOR ________________________________COUNTY, FLORIDA Case No.: _____________________________ Division: ______________________________ ______________________________, Petitioner, and ______________________________, Respondent. MOTION TO DEVIATE FROM CHILD SUPPORT GUIDELINES ( ) Petitioner ( ) Respondent requests that the Court enter an order granting the following: SECTION I [Choose only one] 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 your situation] 1. ___ Extraordinary medical, psychological, educational, or dental expenses; 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 a child 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 Tax Credit, Earned Income Tax Credit, and dependency exemption and waiver of that exemption; 7. ___ 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 incurred by 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, which may include reasonable and necessary expenses or debts jointly incurred during the marriage. Explain any items marked above: _____________________________________________ Florida Supreme Court Approved Family Law Form 12.943, Motion to Deviate from Child Support Guidelines (05/12) American LegalNet, Inc. www.FormsWorkFlow.com B. ___ LESS child support than the amount required by the child support guidelines. The Court should order LESS child support than the amount required by the child support guidelines because of: [Choose all that apply to your situation] 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
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