Not every marriage ends in “happily ever after,” and that’s okay. When couples do agree that divorce is in the best interest of everyone in the family, there are many issues that need to be resolved. The courts would like nothing better than when a couple files for divorce, they agree to the terms, and everyone can move on to the next chapter in their lives. However, when children are part of a marriage, accommodations must be made for their well-being. That starts with both parents agreeing on custody and child support matters.
Child support can be a contentious issue, especially if there are unresolved anger issues between divorcing couples. Resentment and anger can, unfortunately, blow back on the kids, causing them further emotional harm. That is why it is essential to establish a child support agreement that is fair and manageable. It is also an issue that Titan Law can help with. We have a team of dedicated Fort Myers child support attorneys with extensive experience helping couples navigate the complexities of their child support issues.
How Is Child Support Calculated in Florida?
Before a divorce, any financial issues involving the care of children were just handled by the parents. The goal of child support is to continue providing for the child based on the income of the parents. On some level, nothing has changed. The kids are still taken care of, but with child support, it is more structured.
When calculating child support in Florida, the family court applies a specific formula that considers both parents’ income, the number of minor children (under 18), health insurance costs, and childcare costs. The court also considers the amount of time that children spend in the custody of each parent.
It is important to remember that each parent is responsible for a portion of child support if they are both employed. When both parents are employed, they are obligated to provide a percentage of their income for child support. For example, if the wife makes a monthly income of $3,000 and the husband makes $7,000, their combined monthly income would be $10,000. That means the husband would be responsible for 70% of the child support.
While this is just a general example, in relative terms, the husband in that example was probably already paying close to 70% of child support before the divorce as part of the comingled income.
The Florida Courts provide instructions for how child support is calculated. It is advisable that you review these guidelines with your Fort Myers child support attorney.
What Is a Common Complaint About Child Support Payments?
When there is acrimony between divorced parents, it will often spill over into the area of child support. One common complaint is how the money is being spent. A spouse might think that their child’s support is going to things like trips up to Orlando or going out to dinner. Unfortunately, you most likely won’t be able to compel how the money is being spent because an accounting would reveal that those funds are in some way tied to supporting the child.
However, suppose it can be established that the money is spent on lavish trips without the kids or to support the personal habits of the spouse, like a gym membership. In that case, you and your child support lawyer can file a petition to the court for a modification.
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Modifying a Child Support Agreement
As every parent knows, a child’s needs change as they grow older. There are also circumstances surrounding employment that can impact child support. When these changes arise, you can petition the court for a modification in your child support agreement. These changes would apply in the following conditions:
Changes in Income
Depending on the circumstances, a significant increase in the income of one parent may lead to an increase in child support. On the other hand, if the spouse is laid off and not able to meet the obligations, adjustments can be made.
Changes in Custody
A significant change in child custody can also serve as grounds for modifying child support. For instance, suppose the father was paying support for his children who only lived with him for one week out of the month. If the child’s custody changes to two or more weeks, it stands to reason that support would be paid directly to the child. In other words, you shouldn’t be obligated to pay for food for your ex if you’re paying for food when the kids are in your care.
Changes in the Child’s Needs
As a child grows, their needs change. Here are some of the things that could mean an increase in child support:
- Medical expenses
- Tutoring
- College preparation
- Extracurricular activities
- Special needs
On the other hand, there could also be a decreased need. For instance, when a child is older, they no longer need a babysitter.
There could be other reasons for a modification, such as an increase in tax obligations, changes in health insurance premiums, or a change in alimony payments, which are considered separate from child support.
Fort Myers Child Support Attorney FAQs
As you enter into a child support agreement with your ex, there will be many issues that you’ll need clarified by your Fort Myers child support attorney. Consider the following FAQs:
What if my ex doesn’t pay for child support?
Child support is a court-ordered payment. If your ex fails to pay the child support, you and your attorney can file a petition with the court. The result could be wage garnishment, driver’s license suspension, and possibly jail time.
How long does child support last in Florida?
Child support will continue until the child turns eighteen or graduates from high school. It can also be discontinued if they get married, join the military, or become emancipated.
How do I request a change to child support?
Even if you have a good relationship with your ex, if you need to modify the amount of child support you receive, it has to be done through the courts. That will mean you and your child support lawyer need to petition the court and present any documents in support of your modification request.
What if my ex moves out of Florida?
Your child support orders can be enforced across state lines. That will happen through the Uniform Interstate Family Support Act (UIFSA). This act allows for the enforcement of child support orders across state lines. This means that child support payments must be maintained no matter where the parent lives.
If I get remarried, will I lose my child support?
Getting remarried does not, in itself, mean you will lose your child support. The court holds that child support is determined by the parent’s income and the child’s needs. The marital status of the custodial parent is not an issue.
What if my ex-husband stops making his child support payments?
If your ex-husband stops making the court-ordered child support payments, you can seek enforcement through the Florida Department of Revenue (DOR). They have the authority to enact the available enforcement measures to collect unpaid child support.
Getting the Help You Need for Your Child Support
When you put the needs of the children first, child support should not be a contentious issue, but it often ends up that way. Even with a friendly divorce, child support agreements are typically court-ordered and can only be modified with the court’s approval. That is where Titan Law comes into play.
As skilled Fort Myers child support attorneys, we have a deep understanding of state divorce laws. We understand that child support is an extension of a divorce filing that remains fluid and subject to change. There will need to be modifications as life progresses and the needs of the children change. We can help with those modifications.
Whether you are entering into a divorce filing or need to modify an existing child support agreement, we can provide guidance and information about the best way forward. Call to set up a strategy session today.
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