Gainesville, Florida Child Support Attorneys
How is child support calculated?
Each parent's basic child support obligation is calculated according to guidelines set forth in Florida law. The total obligation is calculated by adding the parents' respective monthly net incomes, and determining the appropriate figure from the child support guideline tables. The total obligation is then divided between the parents based on each parent's percentage share of their total monthly net income. Each parent's share of the total obligation is then adjusted due to certain costs, including out-of-pocket child care and child health insurance costs. The end result is the presumptively correct child support obligation of each parent.
Can there be any deviation from the child support guidelines?
Yes. The Court has the power to deviate up or down from the child support guidelines by 5%, without making any specialized findings. The Court can deviate more than 5% from the child support guidelines by making specific factual findings supporting the deviation. Factors to be considered in evaluating a request for deviation include the greater needs of older children, the specialized needs of children, and the financial resources of the parents. There are many other factors the Court may also consider.
Which parent pays child support?
In most cases, one parent will pay child support to the other parent. Generally, the parent with whom the children reside for the majority of their time (i.e., more than 60% of the overnights in a year) will receive child support from the other parent.
Can my spouse and I agree that no child support will be paid by either of us?
Generally, no. The right to child support is the child's right, and usually cannot be waived by one or both of the parents.
How is child support calculated if the children split their time equally between the parents?
A separate method is used to calculate child support when the parents have a "substantial shared parenting" arrangement. This is generally defined as a scenario in which the parents have equal time-sharing with their children, or in which one parent has at least 40% of the overnights with the children in a year. This separate method, called the "gross up" method of child support calculation, can yield very different results than the standard method.
How is child support paid?
Child support may be paid in a variety of ways. It can be paid directly from one parent to another. A court may also order that child support be paid through the State of Florida Depository, which enables the State and the Clerk of the Court in your county to keep accurate records concerning the payment of child support. A court may also order that child support be paid by an income deduction order, which requires the paying spouse's employer to deduct the child support from the paying spouse's wages, and forward the child support directly to the recipient spouse or State Depository.
Who gets to claim the tax benefits for the children?
It varies by case. Many tax benefits are available to parents, depending on their income levels. These include the federal dependency exemption, the child care tax credit, the child tax credit, and credits or payments under federal stimulus legislation. A parent's eligibility to claim any or all of these benefits depends on both federal tax law and the facts of each individual case. A judge can order that one parent have the right to claim all tax benefits, or the tax benefits may be divided between the parents. It is very important that tax considerations be taken into account when calculating child support, as these considerations can significantly impact the final child support figures.
Can child support be changed?
Yes. Once a parent's child support obligation is established, it can be changed by showing a material and substantial change in circumstances. These changed circumstances may include a significant change in the income of either parent, a change in the parenting plan, or a change in the circumstances of the children.
What happens if someone refuses to pay their child support obligation?
There are several remedies available, including the option of asking the Court to hold the non-paying parent in contempt of court. Other remedies include the suspension of a driver's license and the issuance of an income deduction order.
The correct calculation of child support is more than just plugging numbers into a formula. There are many considerations, and each must be carefully weighed and accounted for in order to make sure that your child support calculation is correct.
To schedule a free consultation with one of the family law and child support attorneys at The Law Office of Silverman and Vorhis, call 352-240-1973 , or use the form at right to contact our office today.
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