Lakeland Child Support Lawyer

What is Child Support in Florida?

Child support in Florida is a legal obligation for parents to provide financial assistance for their children following a separation or divorce. The state of Florida uses a specific set of guidelines to determine the amount of support that should be paid, which are based on the combined income of both parents, the number of children involved, and the time each parent spends with the children. The primary goal of child support is to ensure that the child's needs are met, which may include expenses for education, healthcare, housing, and any other necessary costs that contribute to a child's well-being. The Florida Department of Revenue often oversees the process, ensuring compliance and assisting with enforcement when necessary.

In Florida, child support payments are typically calculated using a formula that considers factors such as each parent's net income, the child's healthcare costs, and daycare expenses if applicable. Parenting time, or the amount of time the child spends with each parent, is also considered in determining the support amount. Adjustments can be made if circumstances change, such as a parent's income fluctuation or a significant change in the child's needs. Non-payment of child support can lead to legal consequences, including wage garnishment, license suspension, or even imprisonment. Therefore, it's crucial for parents to understand their obligations and communicate any changes in their ability to pay to avoid penalties.

Can Child Support be Waived by the Parents of the Child in a Divorce or Paternity Case in Florida?

Generally, child support cannot be waived in a Florida divorce or paternity case. Public policy in Florida considers the support payments as belonging to the child, even though the payments are made from one parent to the other.

Can the Court Deviate from the Child Support Guidelines in Florida?

Courts are allowed to deviate from the child support guidelines established by law under certain circumstances. The court may allow a deviation of up to 5 percent of the guidelines without a written finding. Anything more than 5 percent must be supported by good cause, and the court must make written findings in the final child support order outlining the reasons for the deviation.

What is Substantial Shared Parenting in Florida for Purposes of Child Support?

In Florida, child support calculations differ significantly depending upon whether a case involves substantial shared parenting. In situations where substantial shared parenting is present, which typically means that each parent has the child for at least 20% of the overnights in a year, the child support formula takes into account the time-sharing arrangement. This means that the child support obligation is adjusted in relation to the amount of time each parent spends with the child. The rationale is that costs associated with child-rearing are directly linked to the time spent with the child. As such, the parent with less overnight time may have a reduced child support payment since they are already incurring direct expenses during their time with the child.

Conversely, in cases where substantial shared parenting does not occur, which means one parent has the child for less than 20% of the overnights, the child support calculation is more straightforward. The parent with less parenting time generally has a higher child support obligation because they are not sharing as much of the direct costs associated with raising the child. This approach recognizes that the parent with primary custody bears a greater day-to-day financial responsibility for the child's needs. The calculation in such cases is predominantly based on the income shares model, which considers both parents' incomes, but allocates more responsibility to the non-custodial parent to ensure that the child's standard of living is maintained across both households.

When does Child Support End in Florida?

In Florida, child support obligations typically terminate when the child reaches the age of 18, which is considered the age of majority. However, there are exceptions to this rule. If the child has not yet graduated from high school by the time they turn 18, child support may continue until the child graduates or reaches the age of 19, whichever occurs first. Additionally, if a child is legally emancipated before reaching 18, child support may end before the child reaches adulthood. Emancipation can occur if the child gets married, joins the military, or is otherwise declared independent by a court. It's important for parents to understand these stipulations to ensure compliance with state laws.

In some cases, child support may extend beyond the age of 18 if the child is physically or mentally incapacitated and unable to support themselves. In such instances, the court may require continued support to provide for the ongoing needs of the child. Additionally, parents can agree to continue child support beyond the statutory requirement through a mutual agreement or court order, often seen in cases where a child is attending college or requires special assistance. It's crucial for parents to review their child support orders and consult with a legal expert if they anticipate that support obligations may need to extend beyond the typical termination age.

Can Child Support be Modified?

Child support may be modified by the court in situations where a substantial change in circumstances occurs. This can happen when one or both of the parties’ incomes substantially change, or if there is a change in the timesharing with the minor child ordered by the court. If timesharing is modified by the court, child support will generally be reconsidered at that time as well.