Tampa bay CHILD SUPPORT
LAWYERS
Child support is ordered by the court when a child’s parents are not living together and raising the child as a single unit under a single roof. The state holds that both parents have a legal responsibility to provide for a child; as such, the non-custodial parent will be ordered to pay child support. It is assumed that the custodial parent is meeting their financial obligation to the child by virtue of having custody.
WHEN IS CHILD SUPPORT ORDERED BY THE COURT?
HOW A CHILD SUPPORT AMOUNT IS DETERMINED?
The state of Florida uses an income-shares model to calculate child support amounts. The income shares model uses both parents’ income to calculate child support, operating under the concept that the child should receive the same proportion of financial support as they would if the parents lived together. In addition to considering both parents’ income, the court will also consider the healthcare and childcare costs of the child and the standard needs for the child.
Using the information above, the state has devised child support guidelines, found in Florida Statutes Section 61.30. The greater the amount of combined income of parents, the more that a court is likely to order child support.
IMPUTED INCOME AND CHILD SUPPORT
When a court imputes income, it uses a higher salary/income amount than the parent is actually earning in order to calculate a child support amount. The court may impute income if it finds that a parent is underemployed or is voluntarily or temporarily unemployed. In some cases, a parent may believe that unemployment, underemployment, or misrepresenting income is an effective way to avoid a high child support payment; being able to impute income when appropriate counteracts this.
MODIFICATION OF A CHILD SUPPORT ORDER
Income and circumstances can change over the years. For example, one parent could lose their job; custody arrangements may change, or a child could even suffer a disability that leaves them with special needs and additional healthcare costs. The court recognizes that a specific child support order may not be appropriate forever and therefore allows for modification of support orders.
An order for support can be changed when there is a significant, permanent, and involuntary change in circumstances, such as in one of the examples listed above. However, until an order is officially changed, terminated, or vacated by the court, a parent has a legal obligation to continue meeting the requirements of the support order, including making payments on time and in full regardless of the change in circumstance.
HOW A CHILD SUPPORT ATTORNEY CAN HELP
A child support attorney can provide representation throughout the legal process. Some of the ways in which a child support attorney can help include:
Determining income—An attorney can help you to gather all of the proper financial documentation to submit to the court as part of the income determination process. Your attorney will also explain what types of income are countable for the purposes of calculating child support.
Explaining child support guidelines and determining the proper amount of child support—If you have questions about the child support guidelines, your attorney is your best resource. An attorney will explain the guidelines and make a determination about the proper amount of child support based on your child’s needs and your and your ex’s income.
Determining which expenses to include in a child support calculation—You may be unsure of what expenses can be considered in determining child support, such as the costs of the child’s healthcare, childcare, special needs, etc.
Enforcing child support orders—Despite the fact that child support orders are mandatory, there are parents who fail to meet their legal obligations. If you have questions about enforcing a child support order or collecting back pay for missed payments, call an attorney immediately.
Modifying child support orders—During the process of requesting a modification for a child support order, you will have to prove that a significant change of circumstances has occurred. Our attorney can gather evidence to support this claim and represent you before the court.
Establishing paternity—Finally, note that before a father can be held legally responsible for making child support payments, legal paternity must be established. Talk to an attorney about how to establish paternity in Florida and why this is important.
CALL OUR TAMPA FAMILY LAW FIRM TODAY
To learn more about child support in Florida and how the court makes a child support determination, reach out to our Tampa child support attorneys directly today. You can reach us by phone at (813) 225-2695, online, or in person at your convenience.