Child Support Lawyers in Lakeland and Polk County
Dealing with child support issues can be particularly challenging for individuals due to the emotional, financial, and legal complexities involved. Emotionally, parents may struggle with feelings of resentment, guilt, or anxiety, which can complicate negotiations and lead to heightened conflict. Financially, changes in income, job loss, or unexpected expenses can impact the ability to meet support obligations or necessitate modifications, adding stress to both parents. Legally, navigating child support guidelines, ensuring compliance, and understanding enforcement mechanisms can be daunting, especially if one parent is uncooperative or if there are disputes over custody arrangements. All these factors can create a fraught environment that makes reaching a fair and workable solution difficult.
Fortunately, the expert lawyers at Mint Law are here for you. Having successfully navigated and negotiated countless child support agreements, we have the experience and attention to detail will achieve your goals.
How is Child Support Calculated in Florida?
Child support is calculated based on the combined net income of both parents. Each parent has a fundamental obligation to support their minor or legally dependent child, and the guidelines in Florida are designed to reflect the amount that would have been allocated to the child if the parents were living together in an intact household.
To determine the child support amount, the court first calculates each parent’s net income by subtracting allowable deductions from their gross income. Allowable deductions include federal, state, and local income taxes, mandatory union dues, mandatory retirement payments, health insurance payments (excluding those for the minor child), court-ordered support for other children, and spousal support from previous marriages. The net incomes of both parents are then combined to determine the total support obligation, which is divided proportionally based on each parent’s net income.
The guidelines also account for the time-sharing arrangement between the parents. If the child spends a substantial amount of time with each parent, the court adjusts the support obligation accordingly. This involves calculating the support obligation without including daycare and health insurance costs, multiplying the amount by 1. 5, and then adjusting based on the percentage of overnight stays the child has with each parent.
Is it Possible to Modify or Changing a Child Support Order?
To modify a child support order in Florida, a party must demonstrate a substantial change in circumstances that is material, involuntary, permanent in nature, and not contemplated at the time of the final judgment of dissolution. The petition to modify must be filed in the circuit court that issued the original order or in the circuit where either party resides at the time of the application.
A common “substantial change in circumstances” that allows for the modification of a child support order is a significant change in the income of either parent. Over the years, job changes happen. And, when the income of the individual is grossly affected, many will petition the court to modify the existing support order. Another example is a change in the financial needs of the custodial parent due to remarriage. When a divorcee is no longer single and has remarried, many use this time to petition for downward modification. The argument relies on the concept that the ex-spouse’s financial needs have decreased on account of another individual contributing to household expenses.
Additionally, a parent’s failure to exercise the time-sharing schedule as set forth in the parenting plan can also be considered a substantial change in circumstances. According to Florida Statute § 61.30(11)(c), if a parent fails to regularly exercise the court-ordered or agreed time-sharing schedule, this can be deemed a substantial change of circumstances for purposes of modifying the child support award. Finally, changes in the needs of the child(ren) such as increased medical expenses or changes in living arrangements can also justify a modification. For example, courts have held that a substantial change in circumstances could include the child moving from one parent’s house to the other, which justified terminating the support obligation.
How Long is Child Support Paid for in Florida?
In Florida, child support is generally paid until the child reaches the age of 18. However, if the child is still in high school and is performing in good faith with a reasonable expectation of graduation before the age of 19, child support may continue until the child graduates from high school or turns 19, whichever occurs first.
Mint Attorneys Can Help With Child Support Issues
The attorneys at Mint can provide invaluable support and expertise in navigating the complexities of child support related issues. Our decades of legal experience allow us to accurately assess your financial situation, negotiate terms with the other parent, and advocate for your interests in court if necessary. We have successfully negotiated countless agreements and will do the same for you. Having gone through a divorce herself, Suzi Moore knows first hand the importance and impact of child support. With a Mint attorney by your side you’re one step close to achieving your goals.