When two people have children together, they are both responsible for providing financial support. During a divorce, the courts may formalize this obligation by requiring one of the parties to make monthly payments to the other based on the needs of their kids.
A dedicated family lawyer can help you understand your obligations while advocating for a fair order from the court. Judges have leeway when it comes to making these awards, so it is important to have a Florida child support lawyer fighting for you.
Understanding Child Support Rules
Each parent shares an obligation to provide for their children’s essential and non-essential needs. These payments are intended to cover vital expenses related to clothes, food, and housing and may also be used for things like extracurricular activities or transportation. A child support attorney in Florida could provide insight into all of the ways this money may be used – and the ways it cannot be used.
A Judge might order payments even between parents who share custody equally. If one party provides the primary residence for the child most of the year, they are likely covering those expenses. Child support is designed to ensure both parties are contributing their fair share.
Most of the time, this obligation remains in place until the juvenile turns 18, but it can be extended, specifically if the child is still a student. Both parties also have the opportunity to agree on the duration and scope of child support obligations.
Factors That Affect Support Payments
When a Florida Judge is making decisions regarding child support cases, they are required to take several pieces of information into account. This begins with both parties’ gross income, as support determinations are partly based on a parent’s ability to pay.
The court will consider all forms of income beyond salary or commissions. They look at Social Security benefits, investments, and bonuses, among other sources. Additional sources of income that apply to a parent’s gross income for child support purposes include the following under Statute 61.30:Â
- Business income
- Disability benefits
- Workers’ compensation benefits
- Unemployment compensation
- Retirement income from a pension or annuity
- Spousal supportÂ
- Rental incomeÂ
- RoyaltiesÂ
- InheritancesÂ
The court will then deduct certain expenses to determine a parent’s net income, which is the figure used to calculate child support. This is where the other financial obligations of a parent will also come into play, particularly existing support orders for other children. Additional deductions allowed will generally include state and federal taxes, federal insurance contributions, self-employment tax, mandatory union dues, mandatory retirement payments, health insurance payments.
Beyond the net income of a parent, the court has the right to adjust the minimum child support payment based on other circumstances that are relevant to a fair outcome. A court may consider a child’s extraordinary medical or educational needs in addition to the independent income they might receive (e.g., Supplemental Security Income). Other financial aspects of a parent’s life can also influence a court’s decision to further adjust child support, such as a history of payments made to support an elderly parent or other assets available to the parent. For example, a Florida court may increase a child support amount for a parent with valuable assets in the form of real estate or personal property.
The current custody award is also important. A parent who has primary custody is more likely to be awarded benefits, for example. It is important to seek guidance from a child support attorney in Florida before making the case for a fair outcome.
The Process For Determining and Obtaining Child Support in Florida
Obtaining an enforceable child support order is a court process that begins with a Florida lawyer opening a case in the appropriate circuit court where the parents and children reside. In some cases, child support orders may be part of a broader process, such as divorce or a parental timesharing determination. The process generally involves the following steps:
- Establishing paternity
- Submitting financial information and other relevant details to the court
- Awaiting the court’s order on child support
- Setting up child support payments through the Florida Department of Revenue
Each of these steps may require additional actions and court processes depending on the complexity or disputed nature of a case. For example, a lawyer may need to make additional filings and court appearances to support a requested child support amount. The court may request a hearing to further consider extraordinary circumstances beyond a parent’s net income. Alternatively, parents may be able to settle on a child support arrangement through a well-negotiated parenting plan that the court approves.
After obtaining a child support order, parents can set up payment processing through the Florida Department of Revenue. Additional court processes may be necessary if challenges arise in enforcing and collecting on the terms of a child support order. A Florida lawyer can help parents recover unpaid child support by pursuing collection proceedings that may involve garnishment of wages and tax refunds, or the seizure of assets.
Orders Can Be Modified
When a Judge issues an order, it is considered to be final, but it may be possible to amend these orders at a later time. If circumstances change in the future, it may be in the best interest of the child to adjust the specifics of the arrangement.
One common example involves the non-custodial parent experiencing a change in their earnings. Either party can request a modification if the change in earnings would alter the monthly obligation by at least 15 percent or $50. Some changes in circumstances are not financial in nature, such as the changing health needs of a parent or their kids. Other situations that may warrant modifying a child support order could include:
- A parent getting married or divorcedÂ
- Receiving an inheritance or other financial windfall
- A change of employmentÂ
- The birth or death of a childÂ
- A child turning 18
A child support attorney in Florida could assist with modifying these orders to ensure fairness.
Talk to a Child Support Attorney in Florida Today
As a parent, you have an obligation to provide financial support when there is a divorce with a child involved. You also deserve to be treated fairly by the court system, which is never guaranteed. The right Florida child support lawyer can help you secure the best possible outcome for you and your child. Call today for a free case evaluation from the team at The Florida Probate & Family Law Firm.