Child Support Attorney in Winter Park, FL

When you have a child, both parents share the responsibility of raising them. This includes providing for their basic needs. Child support can be a complex and confusing issue, especially for parents who are going through a divorce or separation. Even if you’re no longer together, child support helps ensure your child receives financial support from both parents. If you’re looking for help with child support, a child support attorney in Winter Park, FL, can guide you through the process.

Raising a child is expensive, and it’s not fair for one parent to bear all the costs alone. Child support ensures both parents take part in financially supporting their child. This way, children can have a stable home life, go to good schools, and get the healthcare they need.

Quick Summary:

• Child support ensures both parents share the financial responsibility of raising their child, especially during divorce or separation. It’s a payment typically made by the non-custodial parent to contribute to the child’s needs, covering essentials like food, housing, healthcare, and education. Child support isn’t just about finances; it’s about creating a stable environment where children can thrive. It helps build a secure future for the child.
• Child support is calculated based on several factors to ensure fair support for children. The court considers both parents’ income, including potential income if not currently employed. The more children involved, the higher the total support amount to cover their needs. Parenting time also plays a role: parents with more physical custody typically pay less as they’re already providing care, while the other parent may contribute more through child support. The court considers all these factors, including the exact amount of parenting time, to determine a fair support arrangement.
• Florida uses the income shares model to estimate what parents would spend on their children if still together, then divides that cost based on income. Parents provide financial information on a form and their net income is combined. Each parent’s share of the responsibility is calculated based on their income compared to the combined total. The primary monthly obligation is determined by guidelines based on combined income. This can be adjusted for parenting time and childcare/health expenses. Finally, the parent with the higher obligation makes a monthly payment to the other parent.
• Child support in Florida typically lasts until a child turns 18, though exceptions exist. Payments can continue for disabled children or those still in high school past 18. Changes to child support are possible with proof of significant changes in circumstances, like decrease in income, medical emergencies, or cost of living increases. Both parents can agree to modify the end date, offering flexibility in some situations.

What is Child Support?

Child support is a payment that one parent makes to another parent to help pay for the costs of raising their child. It’s usually paid by the parent who doesn’t have primary custody of the child, but it can also be paid by the parent who has primary custody if they make more money.

Child support can be used to pay for all sorts of things, like food, clothing, housing, healthcare, childcare, and education. It’s important to note that child support is not meant to be a replacement for the love and affection of a parent. It’s simply meant to help provide for the basic needs of the child.

What are the Factors Affecting Child Support in Florida?

When determining child support in Florida, several key factors play a role in how much a parent may be required to pay or receive. Understanding these factors can help ensure fair support arrangements for children. Here are some of the factors that can affect the amount of child support that is owed:

Gross Income

When the court calculates child support payments in Florida, the first thing they look at is how much money each parent makes. This includes wages, salaries, investments, and other sources of income, like Social Security or disability benefits. The court also considers how much money each parent could make if they were working full-time, even if they’re not currently employed. This is called potential income.

Number of Children

The number of children involved in the case is another important factor. The more children there are, the higher the total child support amount typically is. This is because the court considers the needs of each child when determining the support obligation. This helps ensure that children receive adequate support from both parents, taking into account the financial impact of raising multiple children.

For example, if there are two kids, each parent will usually pay half of the total child support amount. But if there are three kids, the court may order one parent to pay more than the other, depending on their income and other factors.

Parenting Time

Parenting time, or how much time each parent spends with the child, can also affect child support payments. In general, parents who have more parenting time (physical custody) will pay less child support than parents who have less parenting time (legal custody). This is because parents with more physical custody are considered to be providing more care and financial support for the child. Therefore, the parent with less parenting time typically pays more in child support to ensure the child’s needs are met during the time they are not together.

Florida courts consider the exact amount of time each parent spends with their child when calculating child support. This can include weekdays, weekends, holidays, and vacations. The goal is to create a fair support arrangement that reflects each parent’s involvement in caring for their child.

How is Child Support Calculated in Florida?

Child support in Florida is calculated using the income shares model. This means that the court will try to figure out how much money the parents would have spent on their children if they were still together. Then, the court will divide that amount between the parents based on their incomes. Here’s how it works:

1. Calculate each parent’s monthly net income. Within 45 days of filing for child support, both parents must fill out a financial affidavit. This form asks about your income and expenses. There are two forms: one for parents with incomes under $50,000 and one for parents with incomes over $50,000.
2. Determine your combined available monthly income. Add together the monthly net incomes of both parents.
3. Determine each parent’s percentage of responsibility. Divide your net income by the combined net income and multiply by 100 to get your percentage of financial responsibility. 
4. Determine the primary monthly obligation. Look at the Florida Child Support Guidelines Worksheet and find the table with the combined monthly income in the first column. This will show you your primary monthly obligation.
5. Calculate each parent’s obligation. When determining each parent’s obligation, you need to consider how much time each parent spends with the children. If one parent has less than 20% of the time-sharing (less than 73 nights per year), then use the standard primary monthly obligation. If both parents have at least 20% of the time-sharing (73+ nights), then multiply the primary obligation by 1.5 to account for the needs of two households. Then, multiply each parent’s percentage of responsibility (from step 3) by the primary or increased obligation amount to determine their financial contribution.
6. Adjust the obligation based on time-sharing responsibilities. If one parent has less than 20% of the time-sharing responsibilities, you can skip this step. Otherwise, multiply each parent’s share of the increased primary responsibility (determined in step 5) by the other parent’s time-sharing percentage to get their adjusted monthly obligation.
7. Make adjustments for other expenses. To calculate each parent’s share of childcare and health expenses, add up the total monthly cost of these expenses. Then, multiply each parent’s share of the total cost by their percentage of responsibility (from step 3). If one parent pays more than their share, the extra amount should be shifted to the other parent’s obligation.
8. Determine the monthly payment amount. The parent with the higher adjusted monthly obligation will be the payor parent. To determine the monthly payment amount, subtract the lower obligation from the higher obligation.

How Long Does Child Support Last?

Most of the time, child support payments continue until the child turns 18. The court order will say how much money needs to be paid each month. If the court order covers more than one child, it will say how much money needs to be paid for each child and when the payments need to end. 

Parents can agree to a different end date for child support if they want to. Courts can also order parents to pay child support for longer if:

• The child has a physical or mental disability.
• The child is still in high school and is not expected to graduate before they turn 19.

Can Child Support be Changed?

Life changes, and the need for different compensation also changes. Whether you are making payments or the court has determined that you are eligible to receive support, you could be faced with circumstances that require these previous orders to be altered.

Child support can be changed if there’s a substantial change in your or your ex’s situation. To do this, you’ll need to show the court that there has been a significant change in circumstances since the order was put in place. This change could be related to the child, the other parent, or yourself. There are lots of reasons why a parent might ask to change the order, such as:

• If the parent paying support makes less money.
• If the parent receiving support makes more money.
• If either parent or child has a major medical emergency.
• If the cost of living goes up.
• If the parent paying support declares bankruptcy.

Why Do I Need a Child Support Attorney in Florida?

Child support cases can be complicated and have a big impact on your finances and your child’s life. If you want to make sure that your child’s needs will be met or that you’ll be paying your fair share of child support, it’s important to consult with our child support attorney in Winter Park, FL lawyer who knows about child support law. Here’s why having our Orlando family law attorney on your side can make a big difference in your child support case:

• Experience: We have extensive experience handling child support cases. We know what challenges you may face and how to deal with them.
• Knowledge of the Law: We know the Florida child support law inside and out. We can ensure your rights are protected and your child gets the fairest possible outcome.
• Negotiation Skills: Most child support cases are settled outside of court. We can help you reach an agreement that’s fair to you and your child.
• Compassion: Child support cases can be emotionally difficult. We will listen to your concerns and support you through this difficult time.

If you’re thinking about going to court for child support, our family law firm is here to help. We will review your case and develop a personalized plan to help you achieve your goals.

Call our Winter Park FL Child Support Attorney Now!

Child support plays a crucial role in ensuring that children’s financial needs are met, regardless of their parents’ relationship status. Whether you’re receiving child support or obligated to pay it, understanding your rights and responsibilities is essential.

If you are facing child support issues, our child support attorney in Winter Park, FL at Perez-Calhoun Law Firm, P.A. can help you handle the legal complexities and advocate for the best interests of your child. Our family law firm has the knowledge and experience to help you get the best possible outcome in your case. We understand that child support cases can be complex and emotionally charged. 

We are here to support you through the process and answer any questions you may have. We have helped clients obtain and modify child support orders, enforce child support payments, and defend against child support claims. If you have questions or face uncertainties with child support, you don’t have to go through it alone. Contact us today to schedule a free initial consultation and take the first step toward securing the support your child deserves. 

Your family’s future is important, and we’re here to help you every step of the way. We work diligently to find effective and cost-efficient solutions to other legal challenges, such as business law, and real estate litigation.