Cheshire Family Law understands the difficulties of child support during a divorce and wants to help answer your questions to minimize confusion and stress. When it comes to child support, both parents have a legal responsibility to provide financial support for their children.
However, the court will award child support to a parent who has majority custody. The following are the top questions we receive often when talking to clients about their child support issues. Hopefully, this quick FAQ will help you become more familiar with the child support process.
How does the court determine the total amount for child support?
The Florida courts have child support guidelines set in place for dealing with child support. They take into account everything from the number of children in the household to the net income of both parents. The courts also factor in the costs for health care and day care, including the total number of overnight visits with both parents. See the detailed factors and guidelines that determine Florida child support.
Does the court take bills and other expenses into consideration?
The court’s primary concern is the needs of the children and making sure that they have food, clothing and shelter. Therefore, it doesn’t factor in other bills such as car and house payments when setting the cost of child support. However, the court may deviate from the guidelines if an order would impoverish the parent.
What happens if I lose my job and can’t pay the total amount?
The court can always modify the child support order if a parent shows an unanticipated change in circumstances, such as losing a job or suffering a disability. However, the child support modification only comes into effect from the filing date, so it’s important to file a modification request as soon as possible.
Do I owe child support if my children live with me now?
If there has been a change of living arrangement with your children and your ex-spouse, you may not have to pay child support if that was part of the agreement. If it wasn’t part of the child custody agreement, you might be able to ask for it. You will need to file an immediate modification request as soon as the change takes place to prevent owing any further payments.
Can I file for child support modification?
There are many situations which warrant a child support modification. One of which is to be able to prove that you or your ex-spouse have had a major change in circumstances or income since the initial child support agreement. Read the Florida Child Support Modification Guidelines.
What can I do about child support enforcement?
The court can take several steps in collecting child support. For one, it can seize the parent’s bank account and hold the parent in contempt. The court can also place a lien on the parent’s property, place interest on overdue payments and suspend the parent’s driver’s license.
Read our article if you are having trouble collecting child support from your ex-spouse. There are several ideas on collecting child support.
If you have other questions not covered in this Child Support FAQ page, please contact Attorney Cheshire at 561-655-8844 or send a question from our website.