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Child Support Laws Florida

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Child Support Laws Florida | Affordable Family Law Attorney

Child support laws vary significantly among states, but in Florida, both parents are legally bound to fulfill the essential needs of their minor children. It is considered the fundamental right of the child to receive sustenance, financial support, and all necessary provisions. The core principle underpinning child support is to comprehensively address every conceivable requirement of the child, ensuring they benefit from the resources generated by their parents' efforts.

Child Support Laws, Child Support Attorney Services for Tampa and Brandon, Florida - Contact us at (813) 550-1234

Understanding Child Support Regulations in Florida

Within the confines of the Sunshine State, both parents bear a legal responsibility to provide for their minor children. This obligation is framed as a right inherent to the child, emphasizing the child's needs over parental considerations. The primary objective of child support is to meet the child's fundamental requirements for food, clothing, shelter, and to enable them to share in the financial resources and material possessions of both parents.

How Child Support Amounts Are Determined

The actual amount of child support is determined through a numerical formula that takes into account the total income of both parents, along with allocations for health insurance and childcare expenses. The equation also considers the number of full evenings a child spends with each parent. If one parent has the child for fewer than 73 overnight periods annually, this influences the calculation, reflecting the shared responsibility of both parents for the child's needs. In cases where one parent is the primary caregiver, their financial responsibility is considered greater due to spending more time with the child.

When calculating child support, it is common for support from a retroactive date to be applied, considering the period between the parents' decision to end their relationship and the actual entry of the child support order. Additionally, if the parents separated more than 24 months before the initiation of the child support action, retroactive fees may be incorporated.

Factors Influencing Child Support Amounts

The specific sum of child support is arrived at by factoring in the net income of each parent, the health insurance expenses paid by the parents, and the cost of childcare. The formula also considers the number of nights the child spends with each parent. For instance, if one parent has the child the majority of the time with a minimum of 73 overnight visits annually, this alters the child support amount. The decrease in child support reflects the shared responsibility of both parents for providing the child's basic needs while in their care. Once the child support amount is established, it may also cover the period from the date the parents decided to part ways until the court order for child support is officially entered. In cases where the parents separated more than two years before filing child support paperwork, retroactive support may be mandated for that timeframe until the support order is finalized.

Potential Changes in Child Support Amounts

Child support amounts can be altered at any juncture, contingent upon significant and unforeseeable transitions in financial situations.

Examples of such changes include:

  • Termination of employment or a marked increase or decrease in income from said job
  • Changes in the child's time spent in child care
  • Parental injury or illness resulting in an inability to work
  • Fluctuations in health insurance premiums exceeding 15% of the previous sum
  • Existence of such changes for at least 12 months

It's important to note that when child support is modified, the changes only take effect from the day the modification paperwork was filed. Consequently, any child support owed before this date is still the responsibility of the paying parent. There is an exception to this rule when each parent initially spent a significant amount of time with the child before one parent's level of involvement decreased or increased.

Child Support Modification Process

Child support can be modified at any time by presenting detailed information about a significant, enduring, and unexpected change in circumstances. Examples falling under this category include job loss, a child no longer requiring childcare, changes in childcare costs, parental disability, increases in health insurance costs, or substantial fluctuations in a parent's net income. The change must be at least 15 percent to qualify. Typically, a modification is valid from the date the action was filed, meaning any child support not paid after the circumstances changed until the modification order's date is considered arrears. However, one exception to this standard is if child support was initially established based on both parents spending a similar amount of time with the child, and one parent decides not to take that allotment of time. In such cases, child support can be modified back to the date the parent started not spending the initially allocated time with the child.

Collecting and Distributing Child Support Payments

Various methods are employed to secure funds for child support orders, including:

  • Contempt of court for violating a court order
  • Suspending the driver's license of a parent in arrears
  • Establishing a lien on personal property
  • Revoking passport privileges
  • Freezing bank accounts or other financial sources
  • Judgments entered by the Clerk of Courts

It is crucial for parents to keep current with their child support payments throughout the process. There is no time limit for collecting back payments, meaning child support can be collected even after the child or children reach adulthood. Additionally, it can be extracted from the estate of the obligor after their death. The only exception to pursuing back child support occurs when the debtor can prove laches or equitable estoppel. This arises when the parent behind in payments can demonstrate that the other parent is not interested in obtaining the owed funds and pursuing arrears payments would cause considerable, irreparable damage. This rule is typically applicable when parents made an informal agreement themselves regarding payment adjustments or agreed to provide alternative financial resources to pay child support, deviating from the court system's prescribed funds.

Enforcing Back Child Support

A range of enforcement mechanisms are in place for child support orders, including:

  • Contempt of court
  • Suspension of the delinquent parent's driver's license
  • Liens being placed on a debtor's property

The Florida Department of Revenue and other linked agencies can suspend a passport or seize funds from a debtor's financial accounts to collect child support. Another avenue is for the Clerk of Court to file a judgment by operation of law on money owed when child support is supposed to be paid through the State Disbursement Unit and the Clerk of Court. When this action is filed, interest is also charged to the account. Consequently, it is in a debtor's best interests to stay current with child support payments or, if back payments accrue, to pay them as soon as possible.

Importantly, there is no statute of limitations on how long child support or uncollected child support can be enforced. This means child support can still be collected even after the child or children have been emancipated and can even be extracted from the estate of the obligor after their death. The exception to the rule about pursuing back child support arises when the debtor can prove laches or equitable estoppel. This involves demonstrating that the obligor had a strong case to believe the other parent did not intend to enforce the owed money. The most common situation is when parents orally agreed to decrease the obligor's payments or substituted personal property, alternative forms of payment, or payments for other expenses to offset the reduction in the child support amount.

If you find yourself navigating the complexities of family legal matters, our dedicated team is here to provide the support and guidance you need. Our experienced and affordable family law attorney in Tampa and Brandon is committed to helping you through challenging times.

Affordable Family Law Firm understands the importance of compassionate yet efficient legal assistance, and we strive to provide personalized solutions tailored to your unique situation. Don't face these challenges alone - reach out to our family law attorney today for a confidential consultation. Your peace of mind is our priority, and we are ready to assist you every step of the way. Contact us now to take the first step toward a resolution that works for you and your family.

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