Honickman Law


Florida Child Support Law

The amount of child support that the one parent pays to the other parent is determined by the Florida Child Support Guidelines. There is a formula that is used to calculate the amount of child support to be paid by the payor spouse. The child(ren) have the right to be supported by both parents. It is important that the proper numbers are utilized so that the correct child support amount is obtained.

Child support is a legal duty both parents are responsible for. The child support is not for the personal use of the receiving parent. It is the child(ren)'s money and is to be used for their use only.

When calculating the proper child support amounts there are a number of factors to consider that affects the child support actually Ordered by the court. Some of those issues are: the amount of overnights that each parent has with the child(ren); the financial needs of the child(ren) such as day care expenses, medical/dental insurance, uninsured medical payments, and the gross income of both parents.

One of the main issues to consider in regards to child support is the amount of overnights that each parent keeps the children. If one parent exercises 20% or more of the overnights each year, then that parent will receive a credit on the child support guidelines toward the final child support amount owed.

Child Support vs. Visitation Rights
The issues of child support and child visitation (time sharing) are two separate and distinct matters. If a parent is not paying his/her child support as Ordered, this is not a legal reason to stop time sharing with the payor spouse. Often times parties believe that if they do not receive child support, then that parent has the right to stop all time sharing. The proper action to take in this case is to contact a family law attorney skilled in the rules of family law and procedure and file a Motion for Contempt of Court for violating the child support order. The Court will immediately take into consideration the time sharing agreement and the order in place at the time the payor spouse stops paying the child support. An Affidavit can be issued from the clerk of the court showing the exact amount of child support arrears accumulated by the payor spouse.

Modifications of Child Support
Child support can be modified at any time. But there must be a substantial and material change in circumstances in the case from the time the initial child support order was signed to the present time. It is important that the guidelines are properly calculated from the beginning. If you believe that your child support should be modified, it is in your best interest to contact a family law attorney to explain the advantages and disadvantages of pursuing court action. The most important fact to understand is that the Petition to Modify Child Support must be filed along with an updated financial affidavit and mandatory disclosure. The Law Offices of Alyssa D. Honickman, P.A. have successfully litigated modificaitons in child support for our clients. It is imperative you seek legal advice before filing any documents with the court in regards to child support.

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