ORLANDO CHILD SUPPORT ATTORNEYS
NEED A CHILD SUPPORT LAWYER IN FLORIDA? CALL US NOW
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.
For the child support help you need, contact our Orlando child support lawyers at (407) 537-5597 for a free consultation.
Understanding How Child Support Works in Florida
Child support matters are normally resolved in divorce proceedings and paternity actions. A divorce proceeding may cover the equitable distribution of assets and liabilities, alimony, in addition to child custody and 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.
What Happens if Nobody Files for 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.
How Is Child Support Calculated 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.
How Does My Income Affect My 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:
- Salary or wages.
- Bonuses, commissions, allowances, overtime, tips, and other similar payments.
- 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.
- Disability benefits.
- All workers’ compensation benefits and settlements.
- Reemployment assistance or unemployment compensation.
- Pension, retirement, or annuity payments.
- Social security benefits.
- Spousal support received from a previous marriage or court ordered in the marriage before the court.
- Interest and dividends.
- Rental income, which is gross receipts minus ordinary and necessary expenses required to produce the income.
- Income from royalties, trusts, or estates.
- Reimbursed expenses or in-kind payments to the extent that they reduce living expenses.
- 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.
What Are 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.
Ensuring Fair Child Support Payments
At Longwell Lawyers, our experienced child support attorneys are dedicated to ensuring fair and just child support payments for our clients in Florida. Whether you are going through a divorce, establishing paternity, or modifying an existing child support order, our legal team is here to help.
We understand the complexities of child support laws in Florida and will work tirelessly to advocate for your rights and the best interests of your children. Our attorneys will guide you through the calculation of child support, taking into account factors such as income impacts, child support credits, and any special circumstances that may affect the amount owed.
By working with Longwell Lawyers, you can rest assured that your child support payments are accurate, fair, and in compliance with Florida state laws. today to schedule a consultation and discuss your child support needs.
Why Choose Longwell Lawyers for Your Child Support Needs?
When it comes to navigating the complexities of child support, having an experienced attorney by your side can make all the difference. At Longwell Lawyers, we pride ourselves on providing personalized legal guidance tailored to your unique situation.
Here are a few reasons why our clients trust us:
- Expertise in Florida Child Support Laws: Our attorneys are well-versed in the intricacies of Florida’s child support regulations, ensuring you receive informed advice and representation.
- Compassionate Approach: We understand that child support matters can be emotionally charged. Our team is dedicated to supporting you through every step of the process with empathy and understanding.
- Proven Track Record: With numerous successful cases under our belt, we have a reputation for achieving favorable outcomes for our clients.
- Transparent Communication: We believe in keeping our clients informed. You will always know the status of your case and what to expect moving forward.
- Flexible Payment Options: We offer various payment plans to ensure that quality legal representation is accessible to everyone.
Choosing Longwell Lawyers means choosing a partner who is committed to your family’s best interests. Let us help you navigate the child support process with confidence and clarity.
Call Our Orlando Child support attorneys 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.
