Father's Rights In Child Support
In Florida, Child support is a legal duty paid by both parents, not just the fathers.
Child support is commonly enforced until the child turns 18 years of age. But, if the child hasn't graduated high school or has a disability, the parents may choose to continue child support payments.
How Does Child Support Work With 50/50 Custody?
Child Support is not something either party can “waive,” as child support is a right of the child pursuant to the aforementioned statute. Parties can however deviate from the guidelines pursuant to said statute in certain situations, and to a certain extent.
Even with an equal timeshare, child support is calculated pursuant to the guidelines and unless a deviation makes it minimal or $0/mo., guidelines are attached to finalizing documents in a case and it is likely that there will still be an amount owed by someone.
Read More About How Child Support Works In Florida
The amount of child support that the one parent pays to the other parent is determined by the Florida Child Support Guidelines.
Because children, in Florida have the right to be supported by both parents, the state uses a specific formula to calculate the amount of child support to be paid.
Child support is not for the personal use of the receiving parent. It is the child(ren)'s money and is to be used for their use only. The parents that are involved in the divorce/paternity action do not have the right to waive child support.
Factors Involved In Calculating Child Support
When calculating the proper child support amounts, there are a number of factors to consider that affect the child support that is actually Ordered by the court.
How child support is calculated in Florida depends on a variety of factors. Income levels are used to figure the dollar amount of child support per child. Below is a list of the top 5 factors that help to calculate child support dollars in the state of Florida.
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- the amount of overnights that each parent has the child(ren)
- day care expenses
- medical and/or dental insurance
- uninsured medical payments
- income of both parents
One of the main issues to consider in regards to child support is the amount of overnights that the parents have the child(ren) in his/her custody.
If a father has at least twenty percent or more of the overnights during the course of the year (73 overnights), then the guidelines are calculated differently and a reduction in the obligation occurs.
It is important to secure a timesharing schedule with your child(ren) that is as close to a fifty percent number of overnights as possible, not only for child support purposes, but also in the children’s best interests.
Child Support Calculator
The results of this calculator are only estimates.
The intent of this calculator is for informational purposes only. This calculator is based on statutory guidelines.
The amounts estimated by this Child Support Calculator may be different than the amount ordered by court, who has the final authority in the amount of child support awarded in your individual case.
These calculators estimate costs based on circumstances where the children live with one parent, not where there is joint or split custody. Extraordinary expenses and other factors such as self employment, overtime, bonuses, taxes are not taken into consideration with this calculator.
Please consult with your attorney for specifics concerning your legal case.
Read more about Child Support Laws in Florida
Child Support vs. Visitation Rights
The issues of child support and child visitation (time sharing) are two separate and distinct matters.
If a parent is not paying his/her child support as ordered, the custodial parent must continue to allow the other parent his/her visitation (time sharing) rights.
On the other hand, if the one parent is not allowing the visitation that is ordered in a particular case the other parent must continue to pay child support.
It is the child’s right to be supported and the actions or inaction of one or both parents should not affect that right.
Modifications of Child Support
Our attorneys can help you determine if you will be able to modify your child support.
Modification of child support is always possible. But there must be a substantial and material change in circumstances in the income, usually of the parent who is paying the child support.
It is important that the guidelines are properly calculated from the beginning.
Modifications are possible but can be costly considering attorneys’ fees and costs. Full financial disclosure is necessary, including mandatory disclosure.
There is the possibility that the application of the Child Support Guidelines on its own will warrant a modification of the court ordered child support.
We Know Father's Rights in Child Support
The Men's Rights Law Firm has experience in handling legal child support matters in Lee County and throughout South Florida. We assist our clients with their initial child support calculations as well as modifications of existing orders.
We encourage you to know what your rights as a father are!
Contact The Men's Rights Law Firm today to schedule your consultation.
We have more information about Florida Divorce Laws here - and if you have any questions please call us at 866-995-0166 today. We are here to help you.
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