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Family Law Form 943, Motion to Deviate from Child Support ...

INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED Family LAW form , Motion TO Deviate FROM Child Support GUIDELINES (11/15) When should this form be used? Child Support in Florida is determined by the Child Support guidelines found in section , Florida Statutes.

To serve and receive documents by e-mail, you must designate your e-mail addresses by using the Designation of Current Mailing and E-mail Address

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Transcription of Family Law Form 943, Motion to Deviate from Child Support ...

1 INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED Family LAW form , Motion TO Deviate FROM Child Support GUIDELINES (11/15) When should this form be used? Child Support in Florida is determined by the Child Support guidelines found in section , Florida Statutes.

2 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.

3 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. IMPORTANT INFORMATION REGARDING E-FILING The Florida Rules of Judicial Administration now require that all petitions, pleadings, and documents be filed electronically except in certain circumstances. Self-represented litigants may file petitions or other pleadings or documents electronically; however, they are not required to do so.

4 If you choose to file your pleadings or other documents electronically, you must do so in accordance with Florida Rule of Judicial Administration , and you must follow the procedures of the judicial circuit in which you file. The rules and procedures should be carefully read and followed. What should I do next? A copy of this form must be mailed, e-mailed, or hand delivered to the other party in your case. IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION After the initial service of process of the petition or supplemental petition by the Sheriff or certified process server, the Florida Rules of Judicial Administration now require that all documents required or permitted to be served on the other party must be served by electronic mail (e-mail) except in certain circumstances.

5 You must strictly comply with the format requirements set forth in the Rules of Judicial Administration. If you elect to participate in electronic service, which means serving or receiving pleadings by electronic mail (e-mail), or through the Florida Courts E-Filing Portal, you must review Florida Rule of Judicial Administration You may find this rule at through the link to the Rules of Judicial Administration provided under either Family Law Forms: Getting Started, or Rules of Court in the A-Z Topical Index. Instructions for Florida Supreme Court Approved Family Law form , Motion to Deviate from Child Support Guidelines (11/15) SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL; HOWEVER, THEY ARE NOT REQUIRED TO DO SO.

6 If a self-represented litigant elects to serve and receive documents by e-mail, the procedures must always be followed once the initial election is made. To serve and receive documents by e-mail, you must designate your e-mail addresses by using the Designation of Current Mailing and E-mail Address, Florida Supreme Court Approved Family Law form , and you must provide your e-mail address on each form on which your signature appears. Please CAREFULLY read the rules and instructions for: Certificate of Service (General), Florida Supreme Court Approved Family Law form ; Designation of Current Mailing and E-mail Address, Florida Supreme Court Approved Family Law form ; and Florida Rule of Judicial Administration Where can I look for more information?

7 Before proceeding, you should read General Information for Self-Represented Litigants found at the beginning of these forms. For further information, see section , Florida Statutes. Special 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 (b) or (c), and the Child Support Guidelines Worksheet, Florida Family Law Rules of Procedure form (e).

8 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 (b) or (c). Child Support Guidelines Worksheet, Florida Family Law Rules of Procedure form (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 of Procedure form (a), before he or she helps you.

9 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 , Motion to Deviate from Child Support Guidelines (11/15) 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 A or B] A.

10 _____ 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.


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