My Child Support Florida: Support Law, Family Law

My Child Support Florida: Support Law, Family Law | Child support is a court-ordered commitment to financial responsibilities for the care, maintenance, training, and education of a child. See Florida Child Support Law 39.01.2019 It is the responsibility of every parent, regardless of whether the parents are married, divorced, or unmarried. Under the state’s child support law, parents cannot waive child support payment obligations. See Finn v. Finn. Parents of a minor child have a legal and moral obligation to assist and provide for their children.

The amount of child support will depend on the Florida Child Support Guidelines. The guidelines specify the amount of assistance to be paid for each specific case. The amount of payment depends mainly on the income of the parents, custody rights and the number of children involved. The court will strictly enforce Florida child support guidelines in most cases. However, in some circumstances, a judge can deviate from the guidelines. A family law attorney in Tampa can help provide examples of when a judge can change the guidelines.

My Child Support Florida: Support Law, Family Law – What does child support cover?

The child support process aims to ensure that the child continues to be provided with an acceptable standard of living. All child support payments are earmarked for the benefit of the child. However, some benefits may accrue incidentally to the non-paying parent. For example, child support payments may include the following items.

Food and clothing. In addition to the weekly groceries, consider eating out, school meals, and; Shop regularly for clothes.
educational expenses. Tuition, uniforms, books, supplies and activities (after-school sports, music lessons, etc.) may be covered.
Medical costs. Out-of-pocket medical expenses (deductibles, non-covered services, etc.) required to maintain the child’s health may be included.
Hobbies, activities and entertainment. There is more to life than good food, education and health. Remember to include expenses for summer camps, swimming lessons, and movies.
How to determine the amount of child support in Florida
The amount of payments will be based on Florida Child Support Guidelines. The guidelines specify the financial responsibilities required based on the parent’s net income and the number of children involved. The amount and duration of child support payments vary based on the individual circumstances of each case. For information about your specific case, seek the advice of a Tampa child custody attorney.

The main factors that determine the amount of maintenance payments are the combined monthly income of both parents and the number of children they share. The number of overnight stays each parent spends with their children will also affect the amount of maintenance payments required. Additional factors such as the child’s medical, dental, psychological, and educational needs will also be notable for consideration.

Child support is more likely to be paid even if the children spend equal time with both parents. It is a rare case when neither parent is responsible for maintenance payments. For example, if there is equal time sharing, but the mother earns more money, she may be required to pay child support. Generally, the support will be provided unless both parents earn the same income and have equal custody.

Child support in joint custody

In cases involving joint custody, the court will usually apply a four-step analysis to determine the amount of child support. The first step is to calculate the total amount of child support payments required by reviewing the instructions. Next, the court will determine each parent’s share under the Guidelines. The share of each parent is determined by dividing their monthly income by the combined monthly income of both parents. Next, the court will determine the amount of time each parent maintains custody of the child as a percentage. For example, if the two parents have 50/50 custody, their responsibility will be 50%.

The fourth step is to review the Child Support Guidelines to determine each parent’s share of support. The court will calculate full maintenance responsibilities on the percentage of time that each parent maintains custody of the child. See Jaworsky vs. Jaworski. If the combined net monthly income exceeds the $10,000 listed in the guidelines, additional calculations will be required. The amount over $10,000 will depend on the number of children and income over $10,000. See Florida Child Support Code No. 61.30.

How to Deviate from Florida Child Support Guidelines

A judge will often follow the state’s child support guidelines when determining the amount of support. However, the court has the discretion to deviate from the guidelines if the facts justify it. Regardless, child support should be reasonable and not require the other parent to pay more than they can afford. See Marsh v. Marsh. In deciding whether to depart from the Guidelines, the court will consider all relevant factors. These factors include but are not limited to: the needs of the child, the standard of living, the age of each parent, and the financial condition of each parent. See Finley vs. Scott. A written explanation will be required if the court deviates from child support guidelines by more than 5%.

Parents of a minor child have a legal and moral duty to support and support their child. See Martland v. Arabia. Under Florida’s child support law, parents cannot waive child support obligations. Parents are allowed to decide and approve the amount of payments; However, the amount of assistance should be in the child’s best interest. Support agreements are subject to approval by a state family law court. Agreements will only be approved if the benefits provide for appropriate care and child support. See Wendel v. Wendel.

Back Child Support in Florida

Under the Florida Child Support Act, a parent has the right to request retroactive (receivable) child support. In general, the child benefit is retroactive to the time when the parents ceased to live together in the same household. Regardless, the child support period is retroactive in Florida. For more Visit Here

Also Read: Georgia Child Support: Customer Service

 

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