Child Support
When a family separates, one of the most pressing and emotionally charged issues is how financial support will be provided for the children.
Florida law makes it clear that both parents are financially responsible for their children, regardless of marital status. This legal duty is enforced through child support – a court-ordered obligation typically paid by the noncustodial parent to help cover the costs of raising a child.
At Scully | Torres, our Florida child support lawyers represent both payors and recipients in child support matters, including handling new support actions, modification petitions, and enforcement proceedings.
Understanding Child Support in Florida
Child support in Florida is a legal obligation calculated to ensure that children receive the financial resources they need for their well-being. The payments are intended to cover essential expenses, including housing, food, education, health insurance, and day-to-day care.
How Is Child Support Calculated in Florida?
Florida Statutes §61.30 outlines the state’s child support guidelines, which use an “income shares” model. This model calculates how much each parent would contribute to the child’s needs if they were still living together. The total amount is then divided based on each parent’s income, with the noncustodial parent typically ordered to pay the custodial parent.
Several factors are considered when determining child support amounts, including:
- Net Income of Both Parents: This includes wages, bonuses, commissions, rental income, and other sources of revenue.
- Number of Children: The more children involved, the higher the support obligation.
- Time-Sharing Arrangement: If both parents share custody relatively equally, the child support amount may be adjusted.
- Healthcare and Childcare Costs: Mandatory health insurance and child care deductions are included in the formula.
- Other Expenses: School-related costs, special medical needs, or travel expenses for time-sharing can impact the final amount.
Florida courts are required to follow these guidelines unless there’s evidence that a deviation is in the child’s best interest or if the amount would be unjust or inappropriate under the circumstances.
Common Issues in Florida Child Support Cases
While the law provides a clear framework, child support cases often involve challenges that require legal intervention.
Some of the most common issues include:
Disputes Over Income
A frequent source of conflict arises when one parent is self-employed, underemployed, or allegedly concealing income. Florida courts may impute income to a parent who is voluntarily unemployed or underemployed unless that status is due to disability or other valid reasons.
Time-Sharing Conflicts
Child support is directly affected by the number of overnights each parent has with the child. Disputes over time-sharing can therefore result in disagreements over support obligations. A child support attorney can help ensure that actual parenting time is accurately reflected in the calculations.
Modification Requests
Life circumstances change, such as when income fluctuates, jobs are lost, and children grow older. Either parent can request a modification of child support if there has been a “substantial, material, and unanticipated change in circumstances.”
Common grounds include:
- Job loss or promotion
- Significant changes in income
- Change in custody or time-sharing
- Changes in the child’s needs
However, the court requires sufficient documentation and legal justification for a support modification.
Non-Payment or Delinquent Support
When a parent fails to make support payments, the other parent can file for enforcement. Florida law provides several tools to enforce child support orders, including:
- Wage garnishment
- Suspension of driver’s or professional licenses
- Interception of tax refunds
An experienced child support attorney in Florida can guide parents through the enforcement process or defend against unfounded enforcement actions.
Retroactive Child Support
In certain situations, a parent may be required to pay retroactive child support for up to 24 months before the filing date of the petition. This typically applies when the parents were separated, but no formal support order was in place. Courts will examine both parents’ historical incomes and the child’s needs during the retroactive period.
How Can a Child Support Lawyer in Florida Help?
Whether you’re seeking child support, paying it, or involved in a dispute over an existing order, a child support lawyer can make a significant difference in the outcome.
Legal Guidance
Florida’s child support statutes contain nuanced rules, exceptions, and formulas. A child support attorney can help you understand your obligations or entitlements, ensuring your case is grounded in a solid legal footing.
Representation in Court
If litigation becomes necessary, whether for initial support determination, modification, or enforcement, having a child support attorney ensures that your rights are protected in court. They can present evidence, cross-examine witnesses, and challenge inaccurate financial disclosures.
Accurate Financial Analysis
Determining income for child support is not always straightforward. A skilled child support lawyer can assist with analyzing tax returns, business records, and other financial documents to ensure a fair calculation. This is especially important in cases involving self-employed parents or hidden income.
Protection Against Overpayments or Underpayments
For paying parents, a child support attorney ensures that support obligations are based on accurate income and parenting time. For receiving parents, an attorney helps ensure all relevant expenses and time-sharing facts are appropriately included in the calculation.
Help with Modifications and Enforcement
If your circumstances have changed significantly or if you’re struggling to collect owed child support, a child support lawyer can handle the necessary court filings and represent your interests at hearings.
If you’re unsure where to begin or what your rights are, it’s time to talk to one of our child support lawyers at Scully | Torres. Contact us today for a consultation and let us help with your child support case in Florida.
FAQs About Child Support in Florida
- Is child support mandatory in Florida?
Yes. Both parents are legally obligated to support their children, and the courts will issue child support orders to enforce this duty, even in cases of shared custody.
- Can child support be waived?
No. Child support is considered the child’s right, not the parent’s. Parents cannot waive child support, even by mutual agreement.
- What happens if a parent doesn’t pay child support?
Failure to pay can result in wage garnishment, license suspension, tax refund interception, and even jail time in extreme cases.
- When does child support end?
Typically, child support in Florida ends when the child turns 18. However, it can extend until age 19 if the child is still in high school and has a reasonable expectation of graduating before turning 19. Support may also continue indefinitely for a child with special needs.
