Coral Springs Child Support Lawyer
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.
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.
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.