ORLANDO CHILD SUPPORT LAWYERS
HOW MUCH CHILD SUPPORT WILL I HAVE TO PAY?
In the State of Florida, there is a mathematical formula used to determine the amount of alimony ordered by the Judge. This formula is contained within the Child Support Guidelines Worksheet which can be found here. This Worksheet includes information regarding each parties' income, the child care costs for the minor children, the amount of overnights each parent spends with the children along with other financial information. Talk to your
Orlando Child Support Lawyer at
Marsh Family Law to determine how much you will paying or receiving in child support as a result of your Divorce.
CHILD SUPPORT IS ALWAYS MODIFIABLE
Since incomes are ever changing, there are certain situations which merit an automatic modification of child support. Other times, certain criteria must be met in order for the Judge to modify child support. These include involuntary loss of income, disability, a substantial change in the Visitation or Time Sharing, among other factors.. Talk to your lawyer at
Marsh Family Law to find out if your child support may be modifiable.
DEVIATION FROM CHILD SUPPORT GUIDELINES
There are many factors the Court can consider when deviating up or down from the Child Support Guidelines. Some of these include extraordinary medical expenses of the child, a rotating parenting plan or when the Payor has to pay more than 55% of their gross income, to name a few. Talk to your Child Support Lawyer at
Marsh Family Law to see if any of the deviation factors apply to your case. The full list of deviations that the Court can consider can be found in Florida Statute 61.30 (11) and are as follows:
The court may adjust the total minimum child support award, or either or both parents’ share of the total minimum child support award, based upon the following deviation factors:
1. Extraordinary medical, psychological, educational, or dental expenses.
2. Independent income of the child, not to include moneys received by a child from supplemental security income.
3. The payment of support for a parent which has been regularly paid and for which there is a demonstrated need.
4. Seasonal variations in one or both parents’ incomes or expenses.
5. The age of the child, taking into account the greater needs of older children.
6. Special needs, such as costs that may be associated with the disability of a child, that have traditionally been met within the family budget even though fulfilling those needs will cause the support to exceed the presumptive amount established by the guidelines.
7. Total available assets of the obligee, obliger, and the child.
8. The impact of the Internal Revenue Service Child & Dependent Care Tax Credit, Earned Income Tax Credit, and dependency exemption and waiver of that exemption. The court may order a parent to execute a waiver of the Internal Revenue Service dependency exemption if the paying parent is current in support payments.
9. An application of the child support guidelines schedule that requires a person to pay another person more than 55 percent of his or her gross income for a child support obligation for current support resulting from a single support order.
10. The particular parenting plan, such as where the child spends a significant amount of time, but less than 20 percent of the overnights, with one parent, thereby reducing the financial expenditures incurred by the other parent; or the refusal of a parent to become involved in the activities of the child.
11. Any other adjustment that is needed to achieve an equitable result which may include, but not be limited to, a reasonable and necessary existing expense or debt. Such expense or debt may include, but is not limited to, a reasonable and necessary expense or debt that the parties jointly incurred during the marriage.
DURATION OF CHILD SUPPORT
The obligation to support a child begins at birth and generally terminates when a child reaches the age of majority, is emancipated, dies, marries, or joins the armed forces. A Court may order support for a child beyond age 18 if the child is "between the ages of 18 and 19, and is still in high school, performing in good faith with a reasonable expectation of graduation before the age of 19" F.S. 743.07(2).
It is imperative that a child support order include the correct language regarding the duration of child support especially when there is more than one child. It is a common mis-perception that child support is automatically reduced by half when the first of two children becomes emancipated. This is false. Further, the fact that a child begins to reside with the payor parent does not relieve that parent of his or her child support obligation without a court order. Talk to your Child Support Lawyer at
Marsh Family Law about whether your child support order is written correctly as to when it terminates.