Definition Child Support
Child support refers to the court-ordered payments that parents must pay to support their child’s essential needs financially. Parents pay child support whether they are the non-custodial parent or the custodial parent. When people think of child support, they tend to believe it is always the obligation of the parent that doesn’t live with the child. This is not the case in Florida. Especially if the custodial parent earns more or if there is an equal time-sharing agreement. The exact child support obligation depends on many factors and it is wise to consult an attorney when doing child support calculations.
In cases of equal time-sharing, if the parties cannot agree the courts will determine child support. The court will follow the Florida Child Support Guidelines.
How Child Support Is Calculated in Florida
Divorced or not, child support is the legal and moral responsibility of every parent. Therefore, the amount of child support is calculated so that each parent provides their child with support based on income. The court will require each parent to complete financial affidavits detailing their earned and unearned income, such as salary, commissions, pension, benefits, and business income.
Determine Child Support
To determine child support, Florida follows an “Income Shares Model,” based on individual incomes and an estimate of what the parents would have spent on their child had they not divorced. While there are guidelines for the calculation of child support, determining an exact amount can be challenging and depends on many factors. The court uses its discretion and the guidelines to determine what is appropriate. Some flexibility is allowed.
If both parties agree to a child support amount that falls within the guideline amount the court will approve the amount. A child support guidelines worksheet is required in every case when there are minor children.
What Does Child Support Cover?
In Florida, a parent cannot waive their child support obligations. When parties divorce, each parent has a legal obligation to ensure that a child has the essentials. Essentials include shelter, food, and clothing. Child support also covers the household’s costs, including electric bills.
What Child Support Includes
Child support can include education costs, medical support, and other necessities. If the child goes to a private school, child support can include educational expenses like tuition, school supplies, books, fees, and uniforms.
Child support can also cover the child’s extracurricular activities such as sports, travel, entertainment, and hobbies. Child support does not have to go directly to the child.
How to Establish Child Support in Florida
For child support to be enforced, a judge must sign a child support order. A child support order may be modified if circumstances change, such as the time-sharing arrangement. Changes can occur if a parent encounters a substantial change in their income. If there is an increase or decrease in income it may affect the child support obligation. If a party loses their job it is imperative to speak with an attorney to discuss all options. Calculating child support can be complex.
Attorney Diaz has served the Tampa area since 1995 and can answer your child support questions, including how to enforce child support. Attorney Diaz practices exclusively in divorce and family law in Florida.
If you would like to discuss the specifics of filing a petition or modifying an order for child support or divorce call Debora A. Diaz Esquire at 727-846-1802 to schedule a consultation or use the Scheduling Link: https://deboradiazlawscheduling.as.me/. At this time, all consultations are by telephone or video conferencing in order to protect our staff and clients.
Debora A. Diaz is also a Florida Supreme Court Certified Family Mediator.