How Is Child Support Calculated In Florida?

When making decisions on child support during a divorce case, there is no one fixed number a judge will use. Instead, many different factors are considered when the amount of support is being decided. Below, our Tampa child support attorney explains some of the main factors a judge will consider when trying to resolve a dispute.  In essence, Florida uses a worksheet to determine the amount of child support for which each parent will be responsible.  It is called the Florida Child Support Guidelines Worksheet.  It incorporates many of the aspects listed below and normally the Worksheet will control how much child support is paid.

The Income of Each Parent

One of the main deciding factors in any child support case is the income each parent earns. The court will consider the gross income of each parent, including wages, salaries, bonuses, commissions, and overtime pay. Profits from a corporation or partnership, disability payments, and social security income can all be used to determine the income each parent earns. When one parent is unemployed, or underemployed, the court may use the current minimum wage to impute, or accurately evaluate, the income for that party.

The Child’s Standard of Living During the Marriage

The standard of living the child enjoyed during the marriage and prior to the divorce is another factor considered by the courts when determining child support. The court will try to award enough support to ensure the child’s standard of living before the divorce is maintained afterward, too.

The Needs of the Custodial Parent

The court will start with the presumption that the parent who spends more time with the child will incur additional expenses for their needs. If the non-custodial parent earns a higher income than the parent with the majority of parenting time, the non-custodial parent will likely be ordered to pay more to cover the child’s expenses.

The Amount of Overnight Visits

The number of overnight visits each parent spends with the child is also a factor considered when determining the amount of overnight visits. When a child is in one parent’s custody, that parent is financially responsible for them. If the non-custodial parent spends one overnight visit with the child and the other parent spends the rest of overnights with the child during the week, the court may award the parent with a larger amount of child support.

Special Needs Children

A very common factor considered when determining the amount of child support are any special needs the child may have. For example, if the child has special educational needs or medical needs, it is not uncommon for the court to require the higher-income earner to pay more in child support payments.

How Our Child Support Attorneys in Tampa Can Help with Your Case

If you are going through a divorce that involves children, determining the amount of support, as well as the parent who will pay it, will be a very big factor in your divorce. At All Family Law Group, P.A., our Tampa child support attorney can answer your questions, and help you determine how much you may receive or be ordered to pay. Call us now at 813-672-1900 or contact us online to schedule a free consultation of your case and to learn more about how we can help.  Se habla Español.

Sources:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/0061.html

flsenate.gov/laws/statutes/2012/61.30

Understanding When You Can and Cannot Modify Alimony In Florida

 In Tampa, as throughout the rest of Florida, there is no guarantee that a judge will award alimony during the divorce process. When it is awarded, a judge will take many factors into consideration. The main factors considered are the requesting spouse’s need for alimony, and the other party’s ability to pay it.

Like with other terms of any divorce though, alimony orders are final and legally binding, but they can also be modified, or changed. Modifying alimony can be complex and can only be done under certain circumstances. Below, one of our Tampa alimony and divorce attorneys explain more.

When Can You Modify Alimony in Tampa?

When there are changes to the two main factors considered when awarding alimony, either party can petition the court to modify the original order. If the party paying alimony experiences a substantial change in their income, they or their former spouse can petition the court to modify the order. For example, if the party paying support received a promotion and they earned significantly more than they did during the time of divorce, the other side may argue that they can now afford to pay more in support.

On the other hand, if the party receiving alimony experienced a significant change in their finances, they may petition the court to modify the original order. For example, if the recipient lost their job, they may ask the court to increase alimony payments, at least temporarily, until they can earn a higher income.

When Can You Not Modify Alimony in Tampa?

Although it is often possible to modify alimony payments in certain cases, there are always exceptions to the law. Spousal support orders are no different. There are times when it is not possible to modify alimony orders. These are as follows:

• The original divorce decree did not award alimony: If alimony was not awarded during original divorce proceedings, neither party can go to the court and request that it is ordered in the future.
• The original alimony order was non-modifiable: There are times when the couple will agree that alimony cannot be modified in the future, or a judge may include this provision in the final support order. If the original alimony order included a non-modifiable provision, it is not possible to change it in the future.
• The party requesting a change cannot prove their case: If you cannot prove that your former spouse can afford to pay more alimony, or that you require additional support, your petition to modify the order will likely be denied.

Our Alimony and Divorce Attorneys in Tampa Can Help with Your Modification

In some cases, it is possible to modify original divorce orders. However, obtaining the result you hope for is not always easy. At All Family Law Group, P.A., our Tampa alimony and divorce attorneys can help you through the process so you obtain the best outcome possible. Call our family law lawyers today at 813-672-1900 or contact us online to schedule a free consultation and to learn more about your legal options.  Se habla Español.

Sources:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/0061.html

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.08.html