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

When Can I Stop Paying Child Support?

Most parents who divorce or separate realize that one of them will likely be ordered to pay some amount of child support so long as the child is a minor. This is true regardless of whether the residential parent and the child continue to live in Florida following the divorce or separation. Failing to pay child support can result in the court and/or the State of Florida taking various measures to coerce you into paying what has been ordered by the court.

Over the course of a child’s life, there are several events that can occur. Any of these events can result in a child support order being either terminated or extended.

• When the Child Turns 18: In most cases, a child support order will terminate when the child turns 18 years old. If a parent is paying support for multiple children, the total child support amount owed is normally recalculated as each child turns 18. If a child is still in high school but is not in a position to graduate by the time he or she turns 19 years old, then child support will terminate on the child’s 18^th birthday as well.
• When the Child Graduates High School: Some children may not have started school with other children their age or were held back for a year. If a child is making satisfactory progress toward graduating high school but has not graduated by the time he or she has turned 18, child support will continue until the child does in fact graduate high school (however, if it becomes apparent that the child will not graduate high school before turning 19 years old, the child support obligation may terminate before graduation).
• When the Child has Special or Specific Needs: Where a child has been diagnosed with having medical or other special needs that render the child dependent on the assistance of others, child support may be extended indefinitely. For example, the parent of a child who is unable to work due to physical or mental disabilities and cannot care for him- or herself may be required to pay child support for the rest of the child’s life.

Do I Need an Attorney to Stop My Child Support Payment?

Stopping child support payments is a risky move, even if the child has turned 18 or graduated high school. Failure to notify the proper agencies through the proper channels can result in you being accused of not paying child support. It is therefore advisable to hire an experienced child support attorney to help you with this process.

The family lawyers at All Family Law Group, P.A. are here to help you with all your child support-related questions and concerns. During your free consultation, we can review the facts of your situation and advise you as to whether your child support obligation is eligible for termination. If so, we will help you prepare, file, and argue for a termination of your child support obligation. Contact the Tampa divorce lawyers at our offices in Tampa Bay at 813-321-3421 for a consultation at no charge or email us.

By Lynette Silon-Laguna Google+

What Amount Child Support Can I Expect to Receive?

Recently, divorcing couple Kenneth Griffin and Anne Dias Griffin of Illinois gained some measure of notoriety after Dias Griffin’s recent court filings were made public. Those filings include a request from Ms. Dias Griffin for over $1 million per month in alimony and child support to support herself, the couple’s three children, and four nannies. The request includes $300,000 for a private jet, $160,000 for vacation accommodations and hotels, $60,000 for office space and a professional staff, and $14,000 for groceries and meals. (Each of these amounts represents monthly amounts requested.) Lawyers for Mr. Griffin claim that Ms. Dias Griffin had unsuccessfully attempted to obtain a similar amount as an alimony award and is now attempting to obtain the amount as a child support award.

Can I Get $1 Million in Child Support?

Most divorced parents who are the primary caregivers for their children do not expect $1 million per month in child support. But some such parents depend on the monthly child support check in order to make ends meet for themselves and their families. Budget-conscious and newly-divorced parents in particular may be unfamiliar with how a Florida court establishes a child support order.

Courts in Florida are required to follow the Florida Child Support Guidelines when calculating a child support order. These guidelines direct the court to consider the net income of the parents as well as the number of children and the healthcare and childcare costs of the child. Florida law sets out a formula that must be used by the court to calculate the child support amount based on this information. The resulting child support amount is a presumed amount, meaning that a court is obligated to order that specific amount unless special circumstances exist. If no such special circumstances exist, the amount is presumed to be enough to support the parties’ children.

What if the Presumed Amount is Not Enough to Cover My Child’s Expenses?

Sometimes the costs of raising a child are greater than the presumed amount of child support. For instance, a child with a medical condition may require routine and expensive procedures or medicines. In such cases, the parent providing care for the child can ask the court to award more support than the presumed amount. A court is able to do so only if it makes specific written findings that show why the court believes the presumed amount of child support is not enough to provide for the care of the child.

We Can Help You Make Sense of Florida Child Support

There is no such thing as a “typical” child support calculation, as each calculation needs to take into account the specific situation of the parties. The experienced divorce and family law attorneys at All Family Law Group can evaluate your particular facts and circumstances and help you understand what child support amount is presumed in your case. Where this presumed amount is inadequate, we will aggressively fight for the child support you need to provide for your children. Contact our offices in Tampa Bay at 813-321-3421 for a consultation at no charge or email us.

By Lynette Silon-Laguna Google+

When Does Child Support End in Florida?

Many divorcing parents are aware of their obligation to support their children, and some are familiar with how the amount they have to pay is decided. Fewer are aware of how long their obligation to support their children continues.

Payment Lasts Until Child Reaches Majority Age

In general, a parent must pay child support until their child is 18. This is considered the age of majority, when the child is legally recognized as an adult. However, a child's eighteenth birthday isn't always the cutoff date for support payments. According to Florida law, a parent's duty to continue paying child support may be extended when the child has not finished high school by their eighteenth birthday; when the child has special needs; and when there is an agreement that says otherwise.

First, parents of children who have not finished high school by their eighteenth birthday are obligated to support their children until the children complete their education. This doesn't mean that a child can stay in high school forever. Support will only continue if the child is still enrolled in school, has a reasonable expectation of finishing their education, and expects to graduate before their nineteenth birthday. Showing a "reasonable expectation" is often the key to qualifying for this exception. The child would most likely have to show that they are and have been enrolled in a school, that they have been regularly attending, and that they will meet the requirements for graduation. Under this statute a child who dropped out of high school at 17, or who is several years away from graduating, would not qualify for continued support. In contrast, a child who turned 18 several months before their graduation would be entitled to receive support until their graduation.

Second, child support may continue indefinitely if the child is mentally or physically disabled. In determining the length of time that support will continue, the courts will generally look at whether the child will ever be able to earn enough money to support themselves or whether their disability will prevent them from providing for themselves. It does not matter whether the child was born with their disability or whether they became afflicted with it at a later age. For the support to continue, all that matters is that the disability began before the child reached the age of majority, and that the disability will prevent the child from being financially self-sufficient.

Third, though parents have no legal obligation to continue supporting their children after the aforementioned circumstances, the courts will enforce voluntarily entered agreements that extend the period of support. Parents are prevented from contractually decreasing their child's right to support (because the right to be supported belongs to the child, and not to either parent), but there is no legal stipulation against providing more support than one is asked to. Thus, parents who decide to create a binding agreement to help their child beyond what is required will generally be held to the terms of that agreement.

Talk to a Tampa Bay Family Law Attorney

           

Whether you're contemplating a divorce or a paternity action, are in the middle of the process, or already have an order in place, a Tampa family law attorney can help answer your questions about child support. Contact our Experienced  Attorneys & Counselors at Law since 1997 Serving all of Tampa Bay. Call 813-672-1900 now for a free initial consultation www.familymaritallaw.com.

By Lynette Silon-Laguna Google