Florida’s child support statutes spell out the factors considered when determining how much should be paid. However, some of the extensive details can be hard to understand when you are trying to legally determine what is in your child’s best interest.
Orlando child support lawyers at TK Law know the laws inside and out that will assure your children are taken care of as best as possible financially and that you are treated fairly in the process. You can be a mother or a father who has fallen behind on your child support payments, or a parent who is not receiving the payments for your child or children that the court has already ordered. We want to be your lawyer. Let us help you today.
Speak with an experienced Florida attorney at our firm today.
Call 855-Kramer-Now (855-572-6376).
Both parents have a financial obligation to their children. A child support order is generally in place until the child or children’s 18th birthday. Retroactive – or back pay – can be paid beyond the time the child reaches age 18.
Our Orlando divorce attorneys will respect you and take the time that is necessary for the best possible outcome for your children. Contact us for a free consultation or call 855- Kramer-Now (855-572-6376).
Florida Child Support Calculations
In Florida, child support is calculated by guidelines that ensure a child’s financial needs are met just as if the parents were still together. That is why child support calculations are, in part, based on both parents’ income and certain allowable deductions.
Allowable deductions include the parent’s other child support and alimony obligations that are ordered and paid, in addition to income taxes paid, union dues, and the parents’ own medical insurance expenses.
The court may order child support to be paid from nonrecurring income or assets if the monthly income does not appear to sufficiently meet the needs of the child.
You can call TK Law to get a dollar calculation on how much child support each parent could be liable for based on income and other established legislation. An Orlando divorce lawyer at our firm can also work to uncover any assets that appear hidden in an effort to avoid paying the proper amount of child support, or guide you on which assets can and cannot be considered for child support payment.
Child’s Medical Insurance and Special Needs
Which parent is responsible for the child’s daycare expenses and health insurance will be part of the child support order. A judge may also order a parent to purchase or maintain a life insurance policy for the child or children.
Other health expenses included in a child support order may involve extraordinary medical, psychological, educational or dental costs. Special needs that were met within the family’s budget before, such as costs that may be associated with a child or children with a disability, can be factored into child support, too.
It is possible that child support be ordered beyond the age of 18 years when there is a mental or physical incapacity of the child or children.
Shared Parenting
Time-sharing (custody and visitation) can have a direct impact on how much support is required. Time sharing establishes the amount of physical time a parent spends with his or her children. It is important that a shared parenting plan specifically document how much time is supposed to be spent with either parent on a weekly basis, including holidays and vacations.
Child support may decrease if the child spends more than 20 percent of their overnight time with the visiting parent. For example, a mother or father that has a shared parenting plan that calls for more than 20 percent of the overnight time with the child (at least 73 overnight stays) would likely pay a lower amount of child support. Yet even with time-sharing split 50/50 between both parents, there may be a child support obligation because one parent’s financial status is better or worse than the other parents’.
A parent’s failure to honor a shared parenting plan by spending the appropriate time with his or her children could be grounds to modify the child support order. An experienced child support lawyer can be of tremendous help as you seek a fair time-sharing arrangement. Consult with an Orlando divorce attorney at TK Law to address all of your child support concerns. You can call us today.
Penalties for Non-Payment
Falling behind on payments without notifying the courts comes off as negligence in the case of your child, and child support enforcement actions may be called for. There are severe consequences in the state of Florida for parents that fall behind, including wage garnishments or the suspension of your driver’s license, passport, and motor vehicle registration.
Non-payment can also result in jail time.
Some licenses or certificates may be suspended as a result of non-payment. These include those associated with family foster homes; child placing agencies; certified public accountants; real estate; teaching; physicians (including osteopathic doctors); nursing; pharmacists; and collection agents.
There may be a legitimate reason as to why payments are behind, such as a loss of a job or other income. If there is a challenge that arises in making your child support payments on time or at all, or if you are a parent who is no longer receiving your child’s court-ordered support payments, then you need to get an attorney involved as soon as possible. Contact TK Law today.
Speak with an experienced Florida attorney at our firm today.
Call 855-Kramer-Now (855-572-6376).
Retroactive and Back Pay
In an initial determination of child support, Florida courts can award child support retroactively up to two years from the day when the parents did not reside in the same residence with the child or children.
An installment payment plan may be considered for retroactive pay. A skilled TK Law attorney can offer more guidance on how this might take place.
Child Support Modifications
It may be possible to modify, suspend or terminate certain Florida child support provisions when there is a significant change of circumstances that is material, involuntary, and permanent in nature. A child support modification may be made when:
- The changes are in the best interest of the child
- When there is a substantial change in the circumstances of the parties, or
- When a child reaches his or her 18th birthday
A TK Law attorney can also assist you in petitioning the court for temporary modifications, including those relating to a parent or parents’ military service.
Modifications can be also be appealed: If you feel the court has unfairly ruled on a modification to your child support order, our attorneys can help you appeal the decision.
Paternity
In the state of Florida, children born during a marriage are considered the husband’s. However, new evidence that successfully proves non-paternity could lead to the relief of child support of a child, even if the child was born during the marriage.
In other situations, methods of determining paternity include:
- Whether the parent has voluntarily signed a sworn paternity affidavit
- Whether the father is named on the birth certificate of a child or children
- Whether the father is discovered through DNA testing
- Whether paternity is established by a court or administrative proceeding
A qualified paternity lawyer at TK Law will know how to move forward with you with any significant circumstances that arise.
Contact the Child Support Lawyers at TK Law
We are here to discuss your case and your legal options. Call 855-Kramer-Now (855-572-6376) for a consultation that is free, highly confidential and where you will get our undivided attention.