Child Support
Say here what we can do for you in terms of child support. What can you fight for and what can you most likely expect.
A Guide to Child Support in Florida
In Florida, both parents are legally obligated to financially support their minor child—even if they are no longer married to each other, or were never married in the first place.
Child support is meant to cover the cost of a child’s upbringing, as well as basic necessities like food, clothing, and shelter. It also allows the child to benefit and share in the wealth of both parents. Under Florida laws, the receipt of child support is intended to be a right of the child in question—not the parents.
How is Child Support Calculated?
Child support orders are based on a formula, which attempts to combine a number of factors in order to determine what constitutes a fair contribution for the child’s parents.
This equation factors in the net income of both parents, as well as specific expenses like health insurance premiums and daycare costs. Child support payments also factor in the amount of time that a child spends with each parent. This is meant to address the realistic daily financial needs of the child—if the parent with lesser time still spends a significant enough portion of time with the child, their payments may be adjusted to account for this.
The formula for calculating child support is complicated.
Table of Content
Modification of Child Support
Though it can be a complicated process, child support can be modified at any time when substantial, permanent, and/or unexpected circumstances occur in a parent’s life.
- Some examples of these changes include, but are not limited to:
- Substantial increases or decreases in either parent’s income
- A debilitating medical condition of either parent
- A child completing or discontinuing daycare
- The loss of a job
- Substantial increase in certain expenses, like medical insurance or daycare
In general, a modification of child support is only applicable from the day the petition to modify child support is filed. For example, if one parent loses his or her job but waits for several months to file for a modification, they are still responsible for paying the normal amount of child support for the period of time between the job loss and the filing.
Enforcing Child Support Payments
There are a number of penalties you may face if you fail to make regular child support payments. Compared to many other states, the laws in Florida that enforce child support orders can be very strict.
Motion for Civil Contempt. “Civil contempt” is applied when a person fails to follow a court order. The custodial parent of a child can submit a Motion for Civil Contempt/Enforcement form, or contact an attorney for additional help filing this claim. If a judge finds one parent to be in contempt of a court order, he or she could face steep fines or even jail time.
Court Orders for the Collection of Child Support. Once a parent has been found in contempt of court-order child support, a judge has a number of tools at his or her disposal to ensure the collection of child support.
As stated above, this includes fines and/or jail time. Additionally, the judge may issue an order to withhold money from a parent’s paycheck, or federal or state tax refunds. A judge may also place liens on the delinquent parent’s property—including real property and vehicles—and force their sale.
If you are confronted with a child support-related issue, you should contact a knowledgeable family law attorney. Get in touch with us as soon as possible for experienced legal help at an affordable price.
You can talk about Child Support with the following specialists in any of our offices:
Related FAQs
Book a consultation hereCan the Court Change a Parenting Plan?
The courts recognize that the age of the child and many other circumstances might necessitate a modification to the original parenting plan. If the parents agree to the modification then the court will most likely allow that modification. It shows that the parents are working together to make sure their child’s needs are being met. If both parents can’t agree, the court will have to hold a hearing. If it’s in the best interest of the child and there is a substantial, unanticipated change of circumstances, then the modification most likely will be granted.
How Is Child Support Calculated?
Child support is calculated by a set formula based upon your gross income and certain monthly costs and expenses. Once you figure out your net income, the court will look at the Child Support Guidelines Worksheet to determine your exact payment based on your individual income and the number of children you have.
How Is Spousal Support or Alimony Determined?
Alimony is determined by the need of the spouse who is requesting alimony and the ability of the spouse who will be paying the alimony. The goal of alimony is to maintain the marital lifestyle the spouse has become accustomed to for a specific period of time. Numerous factors are taken into consideration, such as the length of the marriage, income, earning capacity, how each spouse contributes to the marriage and others.
Should I Hire a Family Lawyer?
While you can handle a divorce on your own, a Florida family lawyer can be a great asset in figuring out the best and easiest way to proceed. Every situation is different, and because of that, a family lawyer will be able to draw upon their experience and knowledge to give you the best advice and representation you need.
What if I Make Child Support Payments for Another Child?
As long as you are actually paying that child support, the Florida courts will be able to take your payment amount into account when determining the child support for any other children.