Florida Child Support Payments and Modification Attorney
Child support is a common issue typically handled during the divorce process, although it still applies to unmarried parents. Child support is when the court orders one parent to pay a specific amount of money every month for the child’s educational needs, healthcare, housing, and food to the other parent.
Whether you are likely to be the one paying or receiving child support, it is important to have child support attorney explaining your rights and options when filing for child support or seeking modification. The family law attorneys at the Storay Advocacy Group are well-informed about filing for child support when the parents are unmarried, seeking support during divorce proceedings, or requesting a change in support due to a significant change in your circumstances.
How Florida Courts Determine Child Support Payments
Florida child support is calculated based on the income of both parents, healthcare expenses of the child (including health premiums), cost of child care, and the overnight time-sharing of both parents. It is granted in order to help the parent who has the child the majority of the time meet the financial obligations of raising the child.
For divorcing parents, more equal time-sharing is the goal of the custody process, which in turn can reduce child support obligations when both parents are contributing equally to the welfare of the child.
If you are facing a child support order, you should promptly seek the services of a professional and experienced child support attorney to ensure your rights are protected and that all possible aspects of raising your child are considered when determining the amount of support owed. Additional aspects to be consider are:
- A significant difference in earnings between parents.
- Overall income and assets of each parent.
- Age of the child and corresponding needs (i.e. diapers for infants)
- Special needs the child may have, including special medical needs.
- If the guidelines would put the child support payments at or above 55% of you monthly income.
Modifying Child Support Payments
Circumstances change in life and as a result, there may be a need to modify child support payments. There are qualifying scenarios that enable a parent to petition the court to modify and change the child support payment in accordance with the new factors. Also, the receiving parent can also ask for a modification. A child support attorney can help you with support modification issues and help you understand the requirements involved.
The laws pertaining to child support in Florida require the requesting parent to show “substantial change of circumstances” when filing a request for modification of child support. The substantial change in circumstance must be involuntary or outside of parental control. Common examples of a substantial change in circumstance include:
- Sudden illness of either parent that can affect their ability to provide support or provide care to the child
- Loss of job that affects the income of either parent, resulting in a need to decrease or increase support.
- Increase in the cost of health insurance premiums for the child.
- Increase in medical expenses for the child – either as the result of a sudden illness or injury or as a growing need (i.e. orthodontia).
- Reduction in child’s care expenses.
- Increase in income resulting in the need to provide more support to the other parent or to reduce the amount of support required to provide for the child.
- Three years have passed since the child support was originally ordered.
In Florida, the law requires modifications of payment to be authorized if significant change in circumstance results in a child support calculation that is 15% more or less than the original order or there is a difference of $50, whichever is a more.
Getting Assistance For Child Support From A Brandon Family Law Attorney
Child support is usually a complex issue to navigate, but with an experienced attorney to guide you through the process, it becomes an easy procedure. Get in touch with a child support attorney for your child support needs.