Determining the Amount of Child Support Payments and Taking Steps to Make Certain it Gets Paid
Child support in Florida is determined by using the Child Support Guidelines as established in § 61.30 of the Florida Statutes. Although parents can fight over many issues regarding the children, the issue of child support is really one that should be settled by looking at the statutory calculation. To oversimplify, the amount of child support payments reflects the needs of all minor children of the marriage and the financial abilities of both parents. If you have children and are seeking a divorce, you are required to complete the Child Support Guidelines Worksheet.
Where the parties to the divorce can agree on the amount of child support based upon the statutory guidelines, the amount set forth by the parties will generally be accepted by the court. As part of our uncontested divorce package for a flat fee of $399, we will help you complete the Child Support Guidelines Worksheet that will be submitted to the court as part of your divorce.
Where the parties cannot agree, the amount of child support payments is one of the key issues that must be dealt with and ultimately resolved by the court. The crucial starting point is the court’s guidelines on child support payments that will be issued to both parties. The guidelines set forth the basic factors that must be taken into account in determining child support. Not surprisingly, the most basic factor in the guidelines is the income of each party. Income is further analyzed in terms of what might be termed available income taking into account total income minus permitted expenses (such as mortgage payments, special health needs…)
When the judgment of divorce becomes final, the child support obligations formally begin. Courts take paying child support very seriously. Failure to pay child support can result in child support being paid directly from your employer, being taken from an IRS refund and can result in penalties like having your driver’s license suspended or even jail time.
There are many issues relating to child support that can arise. Loss of employment or other basis of requests for modifications are not uncommon. Requests for modification relating to changing needs of the minor child may also have to be dealt with preferably by the parties, but if not, then by the court.
