ORLANDO CHILD SUPPORT ATTORNEYS

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When parents divorce or seek to establish their respective rights and responsibilities through a paternity action, child support is often a factor.  Child support is intended to make sure that the child or children of estranged/divorced parents do not suffer the inequity of a lower standard of living because of the estrangement/divorce of the parents. People sometimes mistakenly believe that child support is a number that they can choose themselves. 

However, in Florida, the appropriate amount of child support is guided by the law.  The amount of a parent’s monthly child support obligation is based off a statutory formula. The formula considers several factors, including the net income of both parents, how many overnights each parent has with the child, which parent pays for the child’s health insurance, and which parent pays for the child’s daycare. 

Whether you are facing a divorce, paternity, enforcement, modification or any other family law issue involving child support, it is important to speak with an Orlando family law attorney who knows how to help you. Contact Longwell Lawyers for a free consultation.

Child Support in Divorce and Paternity Actions

Child support matters are normally resolved in divorce proceedings and paternity actions. A divorce proceeding may cover the equitable distribution of assetsand liabilities, alimony, in addition to child custodyand child support issues. A paternity action is when there is a child born to unmarried parents and either parent desires to establish their parental rights and responsibilities, including child custody and child support. A paternity action will cover child “custody”, child support, and/or attorney’s fees, if applicable. 

For more information regarding Divorce, click here. For more information regarding Paternity Actions, click here

The State of Florida Department of Revenue and Child Support

If no one files a Petition seeking to establish/enforce child support, the State of Florida Department of Revenue (DOR) may do so.  If you receive a notice from DOR seeking to establish child support, it is important to contact Longwell Lawyers, immediately, for a free consultation, as you must comply with specific deadlines in order to have a voice in the calculation of child support.  If you fail to comply with the deadlines, the amount of child support may not be calculated accurately.   

Calculation of Child Support in Florida

A parent’s monthly child support obligation is calculated by using the Child Support Guidelines Worksheet. The Child Support Guidelines Worksheet is a formula which considers the net income of both parents, how many overnights each parent has with the child, which parent pays for the child’s health insurance, and which parent pays for the child’s daycare. There are other factors that can be considered in the child support formula, such as, if a parent has a previously order child support obligation or how much a parent pays for his/her own health insurance.

Income Impacts on Child Support

The Courts will rely on Florida Statute 61.30 when establishing child support. Pursuant to Florida Statute 61.30, gross income includes, but is not limited to, the following:

  1. Salary or wages.
  2. Bonuses, commissions, allowances, overtime, tips, and other similar payments.
  3. Business income from sources such as self-employment, partnership, close corporations, and independent contracts. “Business income” means gross receipts minus ordinary and necessary expenses required to produce income.
  4. Disability benefits.
  5. All workers’ compensation benefits and settlements.
  6. Reemployment assistance or unemployment compensation.
  7. Pension, retirement, or annuity payments.
  8. Social security benefits.
  9. Spousal support received from a previous marriage or court ordered in the marriage before the court.
  10. Interest and dividends.
  11. Rental income, which is gross receipts minus ordinary and necessary expenses required to produce the income.
  12. Income from royalties, trusts, or estates.
  13. Reimbursed expenses or in-kind payments to the extent that they reduce living expenses.
  14. Gains derived from dealings in property, unless the gain is nonrecurring.

The following deductions are allowable under Florida law to obtain a parent’s net monthly income for child support calculations:

  • Federal, state, and local income tax deductions, adjusted for actual filing status and allowable dependents and income tax liabilities.
  • Federal insurance contributions or self-employment tax.
  • Mandatory union dues.
  • Mandatory retirement payments.
  • Health insurance payments, excluding payments for coverage of the minor child.
  • Court-ordered support for other children which is actually paid.
  • Spousal support paid pursuant to a court order from a previous marriage or the marriage before the court.

Additionally, Florida Statute 61.30 states that parents can have their income imputed if they are unemployed or voluntarily underemployed. Income can be imputed to a parent to an amount that is equivalent to the median income of year-round full-time workers current population reports published by the United States Bureau of the Census.

Child Support Credits

When a parent covers the costs of childcare for the child, that parent will receive a credit in the child support guidelines worksheet, so long as the childcare costs incurred are due to employment, job search, or education of either parent.

When a parent covers the child’s health insurance, that parent will receive a credit in the child support guidelines worksheet. The parent must obtain an exact breakdown of the coverage costs for each individual covered in their health insurance plan. It is often a misconception that the coverage for all individuals in a health insurance policy is the same price when the costs is broken down.

The number of overnights each parent has with the child is one of the main factors in calculating child support. An overnight is considered as where the child sleeps at night. A parent’s timesharing that ends without an overnight stay (such as going out to dinner) is not considered an overnight.

Furthermore, most Courts have general guidelines of do’s and don’ts for parents to follow during the pendency of a case. These guidelines are known as Administrative Orders or Standing Temporary Orders. These guidelines are to help the parents co-parent in a healthy, efficient, and effective manner while the case is pending. The Courts take these orders seriously, and should either parent not comply with these orders, they may be found in contempt of Court. These orders generally include a provision for the support of a child. It is frowned upon by the Courts if a parent does not contribute to the support of a child. The Courts also frown upon a parent withholding timesharing with a child simply because the other parent is not paying any support.

For more information regarding child custody, click here.

Get In Touch with Us Today

As a top-rated Orlando law firm, Longwell Lawyers provides exceptional legal counsel for individuals in need of representation for all family law matters involving child support. Established in 1993, the Orlando law firm of Longwell Lawyers understands how to effectively handle any family law matter.

For any type of family law matter in Orlando and all of Central Florida, including Orange, Osceola, Seminole, Brevard, Lake, Sumter, Polk, and Volusia Counties, the attorneys at Longwell Lawyers know how to help you.  We have attorneys and staff available who are fluent in Spanish, Portuguese, Greek and English.  

Please contact Longwell Lawyers for a free consultation at 407-426-5757.

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