Form 12.943 Motion to Deviate From Child Support Guidelines - Florida

Form 12.943 is a Florida Courts form also known as the "Motion To Deviate From Child Support Guidelines". The latest edition of the form was released in November 1, 2015 and is available for digital filing.

Download an up-to-date Form 12.943 in PDF-format down below or look it up on the Florida Courts Forms website.

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INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW
FORM 12.943,
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 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.
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. If you choose to file
your pleadings or other documents electronically, you must do so in accordance with Florida Rule of
Judicial Administration 2.525, 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 yourcase.
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. 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 2.516. You may find this rule at
www.flcourts.org
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 12.943, Motion to Deviate from Child Support
Guidelines (11/15)
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW
FORM 12.943,
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 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.
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. If you choose to file
your pleadings or other documents electronically, you must do so in accordance with Florida Rule of
Judicial Administration 2.525, 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 yourcase.
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. 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 2.516. You may find this rule at
www.flcourts.org
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 12.943, 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. 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
12.915, 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 12.914; Designation of Current Mailing and E-mail Address, Florida Supreme
Court Approved Family Law Form 12.915; and Florida Rule of Judicial Administration2.516.
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 Form12.902(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
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 (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.
_____ 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 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 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 time-
sharing 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
(11/15)
______________________________________________________________________________
______________________________________________________________________________
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 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 (income
from 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 BOTH PARTIES
All amounts must be MONTHLY. See the instructions with this form to figure out money amounts for
anything that is NOT paid monthly. !ttach 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
Florida Supreme Court Approved Family Law Form 12.943, Motion to Deviate from Child Support Guidelines
(11/15)
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-prescription medications/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 BOTH PARTIES
(add lines 1 through 25)
I have filed, will file, or am filing with this form the following additional documents:
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).
Florida Supreme Court Approved Family Law Form 12.943, Motion to Deviate from Child Support Guidelines
(11/15)

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