Premier Family Law Representation In Southern Florida

Mark Abzug

Coral Springs Child Support Lawyer

There are millions of divorced parents who pay or receive child support. Federal legislation and uniform state laws exist to make enforcement and collection of child support easier across the country. That being said, each state has its own guidelines and formulas for establishing child support and its own infrastructure for collecting it.

If you have questions about the child support laws in Florida, the rules for child support collection and enforcement that apply to your particular situation, contact a family law attorney at the Law Offices of Mark Abzug, P.A., in Coral Springs to schedule a consultation. We understand the parents’ legal responsibilities in providing financial support for their children. Disputes concerning the proper calculation of child support and the factors permitting modification can be complex, and you should speak with an experienced attorney to determine how to best resolve the matter.

Call us at 954-840-8883 or send us an email to schedule a meeting about the particulars of your situation.

Child Support Basics

In general, parents owe their children a legal duty of financial support until the child reaches the age of majority (usually either 18 or 21 years old, depending on state law) or becomes self-supporting/emancipated. When only one parent has primary custody of the child, the other parent’s obligation for financial support is usually fulfilled through the payment of child support. Child support is owed whether the child lives with his or her other parent or a third party. It doesn’t matter from a legal perspective whether or not the person with whom the child lives could technically afford to support the child on his or her own; the legal duty of financial support still exists for both parents. Depending on the state, child support may be owed even if the parents share custody.

Each state has adopted its own set of guidelines for determining child support. While individual guidelines differ, most arrive at the amount of support owed through a consideration of the needs of the child, the amount of time the child spends with each parent and the income of the paying parent. Family courts use the guidelines to establish the amount of support required. The guideline amounts are presumed to be proper unless persuasive evidence to the contrary exists.

What Is Florida’s Child Support Lookback Period?

In Florida, child support obligations do not start just when a case is opened. Under Florida’s retroactive child support law, the court can reach backward and order retroactive payments for up to 24 months before a petition for support is filed. This is known as Florida’s child support lookback period.

Understanding how the 24-month rule for Florida support applies to your situation is one of the most important early steps in any family law case. To determine whether retroactive child support is appropriate and how much should be awarded, the child support back pay calculation used by the court will include several factors, such as:

  • Each parent’s income during the relevant period
  • The child’s basic needs and any extraordinary expenses
  • How child-related expenses were actually handled during that time
  • The amount of time the child spent with each parent

The goal is to create a fair result so that neither parent shoulders the child-related expenses during the lookback period alone. That can ultimately lead to significant financial consequences for both parents once the effective date of child support in Florida is established. The parent who may owe support can face a steep obligation that must be met, while the parent who may receive support can end up with a substantial reimbursement.

Timing is important. Waiting too long to address retroactive support for unmarried parents or parents going through a divorce can increase the financial exposure for one parent while limiting economic recovery for the other. At the same time, child support does not have to turn into a drawn-out conflict. Many parents want to maintain a respectful, cooperative co-parenting relationship, even while sorting out complicated finances. With the right approach, it is possible to address retroactive support in a way that is fair without becoming unnecessarily adversarial.

At the Law Offices of Mark Abzug, P.A., we understand how sensitive child support concerns can be for both parents. Working with a Coral Springs back pay attorney who prioritizes clear communication and practical solutions can help keep the focus where it belongs, retain a cooperative spirit between parents where one exists and provide a sense of stability for your family, both now and moving forward.

Enforcement Of Child Support Orders

The duty to pay child support generally starts with an order for support from a state family court. The order may be issued as part of a temporary or final divorce proceeding. If the parents were unmarried, then paternity must be established before an order for support will be issued.

Child support payments are usually due at specific times each month and in many jurisdictions may be directly withheld from the paying parent’s wages. In most states, the paying parent may be able to make his or her payments to a child support registry that will forward the payments to the custodial parent and keep track of payments that are made.

If child support payments aren’t made as scheduled, a variety of measures exist to collect past due amounts (called “arrears” or “arrearages”) and protect against future nonpayments. To encourage prompt child support payment, many states have laws that allow a family court judge to suspend professional or business licenses, take away driver’s and recreational licenses, require prepayment of future child support, or order incarceration for the failure to make court-ordered child support payments.

Each state also has an office of child support enforcement. These federally supported state agencies help locate responsible parents, work with family courts to create child support orders and ensure payment. There are also federal laws that criminalize nonpayment of child support when the parents live in different states.

Modification Of Child Support Orders

Both the parent receiving child support and the parent paying child support may request changes to a child support order. Some states require regular review of existing child support orders, while others review child support orders only upon request. Parents receiving support may have the amount increased upon showing that the paying parent’s income has increased, especially if the current amount of ordered support does not meet the child’s needs. Support may also be increased because of a child’s specific needs for things like medical treatment, therapy, tutoring or orthodontic care.

Paying parents may be able to decrease the amount of future support payments if they face the loss of a job, a significant reduction in income or an increase in the custodial parent’s income. However federal law prohibits states from forgiving past due child support payments. Courts are reluctant to reduce child support awards without good cause, and paying parents may have an earning capacity imputed to them whether or not their actual earnings reflect that amount. This is often the case if the court feels that a parent from whom support has been ordered is voluntarily underemployed or unemployed just to avoid paying child support.

Understanding The Child Support Calculator

A parent has a legal responsibility to support his or her child until the child turns 18 or graduates from high school, whichever is later. However, if the minor child cannot graduate from high school prior to attaining the age of 19, the child support is terminated upon the child’s 18th birthday. Child support is governed by Florida Statutes § 61.30 and is determined by applying a mathematical formula using the “child support guidelines.” The mathematical formula takes into account a variety of factors, including but not limited to:

  • Net monthly income
  • Daycare and/or aftercare expenses
  • Health insurance
  • Time sharing schedule/overnights
  • Court ordered alimony actually paid
  • Court ordered child support actually paid (from another relationship)

The court can deviate from the guidelines for a variety of reasons, including but not necessarily limited to, the cost of transportation for out-of-state parents, special needs of the child (medical/educational), the payor’s ability to meet his/her basic living expenses, time sharing schedule and any other relevant factor. We use the latest technology to calculate child support, alimony and the related tax effects.

Our firm can also help you modify child support or defend against child support actions.

Calculating Income Of Self-Employed Spouses

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Modification of Child Support Due to Involuntary Reduction of Income

The calculation of child support is often the most straightforward part of a case unless one of the parties is self-employed. Many self-employed individuals don’t accurately report all of their income to the federal government. Although you may not be certain how much money your spouse makes, there are lifestyle indicators – especially when an individual is living beyond his or her reported income.

A lot of information can be obtained during the discovery to show unreported income. Additionally experts, such as forensic accountants and vocational consultants, can be retained to report and testify about a spouse’s income and earning capacity. Forensic accountants and other experts can be expensive, so we only recommend using one when necessary.

Imputing Income Of Unemployed And Underemployed Spouses

Vocational experts are brought in if one of the spouses is unemployed, willfully underemployed or has had a job loss. Their work experience, education and skills are reviewed along with the job market. The courts are then told what the individual can expect to make based on available new jobs and the overall industry.

Emotional Issues

Our attorney recognizes that while child support usually involves “black-and-white” mathematical calculations, it is also an area of law that is rife with emotion. While our attorney is an aggressive litigator, he is also supportive and empathetic to our clients’ situations. Divorce is a difficult time, and financial disputes only compound the aggravation. At our firm, you can count on us to be your advocate.

How Long Is Child Support Paid For In Florida?

Under Florida child support laws, the obligation continues until the child reaches the age of 18 or graduates from high school, whichever occurs later.

For example, if the child is still in high school at 18, payments may continue until they turn 19, provided they are expected to graduate before then. This provision helps children complete their high school education without financial disruptions.

However, if the child is emancipated before 18, such as by getting married or joining the military, the child support obligation will automatically end. This is because they are considered legally independent and capable of managing their financial needs, relieving the supporting parent of their child support obligation.

Certain circumstances can extend child support payments beyond 18 or high school graduation. For instance, if the child has a physical or mental disability that requires ongoing care, support may continue indefinitely. Also, agreements made during divorce proceedings or court orders can establish different terms, such as extending payments for college expenses. However, Florida law does not automatically require this.

Parents facing child support issues, including those who need to modify or terminate their obligation, can benefit from understanding how changes in circumstances can impact payments.

Changes in income, custody arrangements or the child’s needs are common factors that could warrant a modification. Our child support attorney can help with such cases and help ensure compliance with child support laws.

Child support is calculated based on the guidelines that consider both parents’ incomes, the number of children involved and additional expenses like health care and child care. To better manage child support obligations and address disputes, consult our experienced child support attorneys for a better outcome in the case.

We can offer guidance on understanding the law, filing for modifications or resolving disagreements, helping ensure the process is as smooth as possible while protecting the child’s well-being.

Does Child Support Affect Child Custody?

Parents often worry that a fight over money will spill into decisions about time with their kids. The good news is that child support and custody run on separate tracks in Florida. A change in one rarely touches the other. That means if you seek to adjust payments or challenge an order, it will not automatically upend your custody setup. Courts focus on what is best for the child in each area, not letting money dictate parenting time. 

Take a child support case where one parent loses a job. You might ask the court to lower payments based on real hardship. That request stands alone. It does not invite a review of who gets weekends or holidays. The same holds if you are the receiving parent pushing for more due to rising costs for school or medical bills. Your custody rights stay intact unless you raise a separate issue, like a big shift in the child’s daily life. 

As attorneys experienced in divorce law and family law, we have handled countless situations where parents thought support battles would cost them custody. They did not. We put your needs first, fighting hard so you do not lose ground on either front. 

This separation matters because it protects stability for kids. Florida law backs this through clear parenting plans that prioritize time with both parents. A strong plan outlines visits and decisions without tying them to finances. If emotions run high, we step in as your dedicated advocate, passionate about shielding your role as a parent. 

If nonpayment of child support drags on and harms the child, like skipping meals or therapy, it could raise flags in a custody hearing down the line. But that is rare and requires proof of neglect, not just a late check. We handle these matters aggressively, helping ensure your child support case stays contained. Our proven, battle-tested approach means we spot risks early and build defenses that hold. 

So if you need help untangling this, our child support attorney in Coral Springs, serving Boca Raton and Palm Beach, can guide you all the way. We weave in tools like a Guardian ad Litem, someone neutral to report on their well-being without bias toward money matters. This helps keep custody pure, centered on love and routine.

Contact Us

Contact our offices to schedule a FREE initial consultation or call 954-840-8883. For more information on child support, visit our Family Law Frequently Asked Questions page.