HOW IS CHILD SUPPORT ESTABLISHED?
Florida courts use child support guidelines to determine what amount of child support is appropriate. One of the pivotal factors is the income of the parties. Child support payments continue until the child is 18, unless the court orders otherwise. The court will also make an order regarding health insurance coverage for the child and may order parents to share the costs of medical expenses not covered by insurance.
Support payments can be made directly to the recipient parent or withheld from the paying parent's paycheck. To modify a child support order, a parent must show a substantial change in circumstances such as a significant change in income. Learn more about child support modifications here.
WHAT AFFECTS FLORIDA CHILD SUPPORT?
A court may at any time order either or both parents who owe a duty of support to a child to pay child support to the other parent in accordance with the guidelines in Section 61.30 of the Florida Statutes. Payment of child support is not contingent on parenting time or contact with the child.
A parent who does not pay a child support obligation may not be denied time-sharing on that basis. Likewise, a parent may not refuse to make child support payments because the time-sharing plan is not being honored by the parent who should have received child support.
A parent may not be relieved of a duty to pay child support by agreeing not to see the children. However, the amount of time each parent spends with the children can affect the amount of child support paid.
INCOME IS THE DOMINANT FACTOR IN DETERMINING CHILD SUPPORT
The child support guideline amount as determined by Section 61.30 presumptively establishes the amount the trier of fact shall order as child support.
The guidelines apply in both initial and modification proceedings and provide criteria for calculating each parent's net income and share of responsibility for supporting their children.
A parent's income is the most dominant and directly related factor to be considered in determining the amount of child support that must be paid.
CONSULT WITH A FAMILY LAW ATTORNEY
Our office is happy to meet with you for a free consultation to help you determine how to move forward. We understand that each case is different with its own unique circumstances. Stan Peeler has extensive experience litigating in family law and is versed in the various circumstances a case may have.