Providing financial support is one of the obligations that individuals face when they have children. When these parents are unmarried or separated, the court will determine the necessary amount of financial support to be paid by each parent. This process can result in conflicts, especially when parents are not on the same page with each other.
If you are involved in a child support dispute, you could benefit from the guidance of a local family attorney. One of our Pinecrest child support lawyers can help protect your rights as an individual while meeting your obligations as a parent.
How Does Child Support Work?
Child support consists of financial payment from one parent to another, with the intention that it provides for the basic needs of a child, including food, shelter, and education, among others. While the law considers many factors when determining these payment amounts, the primary factor is the amount of time the parents spend with the child. The parent who is primarily responsible for caring for the child will typically receive financial support from the non-custodial parent.
Like most states, Florida has official child support guidelines. These guidelines serve as a formula that considers multiple factors before making a recommendation. This recommended monthly payment amount is often used by the court, but Judges have the power to deviate from these calculations.
The guidelines factor in the income of both parents and consider their financial obligations, including expenses related to other minor children. In addition to their finances, the amount of custody time will also have an impact on how much support a parent is owed.
Deviating from the Child Support Guidelines
The recommendations from Florida’s child support guidelines are just that: recommendations. A Judge is not required to rely on the recommendations provided by this formula. However, many Judges will follow these guidelines when it comes time to issue a child support order.
Deviation from the guidelines is never guaranteed but it is possible with the help of a Pinecrest child support attorney. The amount ordered by the court must be reasonable and it cannot be more than a parent can afford. A Judge must take all this information into account when making an award. It is also important to note that a parent cannot waive child support, even when they are set to receive these payments.
Can I Seek Back Child Support?
When a parent seeks child support, they could be entitled to back support in addition to ongoing monetary payments. Most of the time, these back payments (which are used to make up for payments that should have happened in the past) are calculated from the date the parents stop residing together in the home, not from the day their divorce became finalized.
The timeframe for back payments might not be clear. A Pinecrest child support attorney could dispute the amount of back support that is owed or make the case that the amount should be greater. In most cases, a Judge will not award back support beyond a period of 24 months.
Reach Out to a Pinecrest Child Support Attorney Today
Decisions surrounding child support issues can have a lasting impact on you and your family. You have the right to ensure that your children are cared for while also preventing the court from taking advantage of you. A Pinecrest child support lawyer can ensure you and your child are treated fairly. Reach out to our team right away for a free consultation.