Navigating Child Support with an Experienced Attorney on Your Side
Understanding Child Support in Florida
Child support is a financial contribution from one parent to the other to help raise their shared child. Each parent has a fundamental obligation to support his or her minor or legally dependent child. Fla. Stat. 61.29(a). In South Florida, courts can order child support for parents whether they are divorcing or were never married. For unmarried parents, paternity must be established before a child support order can be issued. Fla. Stat.742.
Child Support Payments Cover
- Child's fundamental needs
- Healthcare
- Education
- Basic living expenses (food, shelter, clothing)
- Extracurricular activities
How Child Support Amounts Are Determined
The exact amount of child support in Florida varies by case, with courts prioritizing the child's best interests according to state guidelines. The guidelines schedule is based on the parent's combined net income estimated to have been allocated to the child as if the parents and children were living in an intact household. Fla. Stat. 61.29.
Key factors considered include:
- Each parent's income and earning capacity
- Their financial resources
- The child's specific needs
- The time-sharing schedule
- (If applicable) the child's quality of life during the marriage
These guidelines are meant to encourage fair and efficient settlement of support issues between parents, minimizing the need for additional litigation. Fla. Stat. 61.29(c). The child support guidelines can be found on Fla. Stat.61.30.
Addressing Child Support Concerns
Parents sometimes try to avoid child support obligations. When a parent fails to pay court-ordered child support, we pursue various enforcement mechanisms to secure the support your children are entitled to receive. There's no time limit on child support arrears, meaning we can diligently pursue these payments whenever necessary.
Beyond enforcement, child support orders can also be changed if there's a big, unexpected shift in a parent's life or the child's needs. A "substantial change in circumstances" for purposes of the law could be due to a job loss, changes in childcare needs, a parent's disability, significant changes in health insurance or daycare costs, a large raise or pay cut, or shifts in how much time each parent spends with the child, among other things.
It's also important to know that the remarriage of a custodial parent by itself doesn't change a parent's obligation to make child support payments. This is because child support is seen as the child's right, and the biological parents' duties remain the same regardless of a new marriage.
In South Florida, free assistance for child support matters, including establishing paternity, obtaining orders, and enforcement, is available through resources like the Florida Department of Revenue. For more detailed information and personalized guidance, the attorneys at Jorge L. Gonzalez Law are available to assist you.
If you have questions about child support in Florida, we invite you to meet with us. We'll carefully review your unique situation and help you move forward with confidence.