What is child support?
The law requires parents to support their children. It does not matter if the parents are married, or if they are living together. The responsibility of child support is that of the parents as individuals or as a unit. It does not matter if the parents have not had continued contact after the conception of the child. All parents are legally responsible for child support. The goal of the state support guidelines and the court system is to ensure that each child's standard of living is persevered, as much as possible, to that which would have occurred had the divorce or separation not occurred. Child support cannot be waived by either parent because Florida Law states that the support "vest" with the minor child.
What does child support cover?
The term "child support" covers all the economic necessities of life required by a child. These necessities include, but are not limited to, food, clothing, shelter, education, medical care, and other day-to-day expenses.
Do I need a lawyer for a child support agreement?
The law does not require a person to have a lawyer for a child support agreement. Some parents, citing expense, consider going without a lawyer. Other parents believe that a lawyer only serves to escalate the ongoing hostilities that are present in such an emotional decision as divorce, separation and/or child support. Lawyers, however, do a better job of handling these matters. They are familiar with the law and the rules of procedure. They are also able to shield their client from his or her own anger in the proceedings. Child support agreements can be quite complex, and a lawyer in these cases can best serve a parent.
What does a typical child support guideline look like?
Either parent may be ordered to pay child support, without regard to marital misconduct, based on the following factors:
- The financial resources of the child
- Child care costs
- The physical, emotional, and educational needs of the child.
- The financial resources and obligations of both parents.
- Medical insurance costs
- The duration of child visitation/timesharing and any related expenses.
The amount of support established by using the official guidelines will be the required amount of child support, unless the court finds such an amount would be inappropriate or unjust.
Can the Courts deviate from the Child Support Guidelines?
In general the Courts have the discretion to deviate upward or downward 5% and if they want to deviate more than that there needs to be legally sufficient reasons put forth by the Court. It's relatively rare that the Courts deviate more than 5% from the guidelines, although it can be done in exceptional circumstances. One example of this may be where a child has special needs such as the need for costly medication.
How is child support figured?
The child support guidelines set out the method of calculating child support. Some states are rather simplistic, considering net income and applying a percentage, while others consider many other factors such as overnights with each parent, medical expenses, prior child support, alimony, retirement contributions, FICA, federal, state and local taxes, etc. In the state of Florida, the amount is based on the number of children and the gross income of the both parents.
If I have more visitation/timesharing time, will it reduce my child support obligation?
All states take into account the amount of visitation/timesharing when calculating child support. This is based on the understanding that the child is being supported directly when the non-custodial parent is with the child. Some states have a certain number of overnights that will affect the support obligation. In Florida, if the non-custodial parent is with the minor child forty percent (40%) of overnights or more, the non-custodial parent may be entitled to a credit referred to as "substantial shared parenting".
Once child support is issued by the court, can the amount of child support that is paid be changed?
The amount of child support is modifiable under certain circumstances and through a variety of methods. The simplest method is for the parents to agree to a change, but the court must approve even an agreed-upon change in order to be enforceable.
What factors may cause variations in child support?
Some factors that may warrant variations in child support include, but are not limited to:
- Ages of children;
- A child's medical costs;
- Educational costs;
- Day care costs;
- Parenting Plans, including extended visitations;
- A party's other support obligations to another household;
- A party's own medical expenses; and
- The income of the both parents.
May a parent receive money for the children's college?
The court cannot order parents to pay for college. However, parents may agree to pay child support beyond the age of 18 or to pay for college expenses.
What if my spouse does not report all of his/her income or is not earning as much as he/she could with regard to calculating child support and alimony?
Courts can "impute" income to a spouse. What that means is that if it is shown that they are capable of making more than they earn, the Court will calculate the child support or alimony as if they made the higher amount. Also, if the spouse is making money under the table or otherwise not reporting all income, it will be your burden to show that this is occurring.
Can the Court impute income to me if I want to stay home with my small children?
The Court has the authority to refrain from imputing income to a parent who needs to stay home with young children but it is still in the Court's discretion as to whether to do this. A spouse can argue for example that there is quality daycare available at a reasonable cost and that the children will do fine with this type of arrangement.
