With some exceptions, Alimony and Child Support are always modifiable. The operative question is whether modification is prudent, under the circumstances, for you. The threshold question facing the courts in a modification action is whether there has been a change in financial circumstances. But not just a simple change in circumstances is needed. The types […]
Category: Child Support
Do I Have To Pay Child Support In Florida If My Child Drops Out Of School?
Per Florida Statute § 743.07 the court may require support for a dependent person beyond the age of 18 years, “…when… the person is dependent in fact, is between the ages of 18 and 19, and is still in high school, performing in good faith with a reasonable expectation of graduation before the age of […]
Do I Have To Pay Child Support If My Child Drops Out Of School?
Per Florida Statute § 743.07 the court may require support for a dependent person beyond the age of 18 years, “…when… the person is dependent in fact, is between the ages of 18 and 19, and is still in high school, performing in good faith with a reasonable expectation of graduation before the age of […]
How Does Child Support Work With 50/50 Custody?
In Florida, child support is governed by Florida Statute § 61.30. Often a misconception that is heard from clients is, “we’re going to do 50/50 custody and she doesn’t want child support…” Child Support is not something either party can “waive,” as child support is a right of the child pursuant to the aforementioned statute. […]
Should I Pay Child Support Even If There Is No Court Order?
Often times in divorce, men walk through the door and immediately state that their Wife is asking for support; alimony for herself, as well as support for the children. If you’re involved in a new case, the law may allow the support to be calculated retroactively to the date you both separated. If you’re involved […]
Do Child Support Payments Increase Over Time?
Whether you are going through a proceeding such as Paternity, Divorce, or a Title IV-D action, child support in Florida is calculated using the Florida Statutory Guidelines as explained in Florida Statute 61.30. Once child support is calculated within your action and adopted by final judgment, the child support will remain that amount, unless modified, […]
What is the average child support payment for two (2) children in Florida?
This question will likely have to be followed by a number of other questions before generating an accurate response. Although child support may be one of the more cut and dry areas of family law due to being governed by an actual hard and fast math calculation, the data that is placed into said calculation […]
Can Joint Custody Reduce Child Support?
First, it is important to understand that Florida no longer uses the term custody. Parents and children now enjoy timesharing. One of the factors that determines how much child support is paid is the amount of timesharing each parent enjoys with the children. Timesharing is normally calculated by counting the number of overnights exercised by […]
Modifying Final Judgments Part II:
Don’t just settle to get this over…Get it right the first time and fight for what you want in your divorce or paternity case right now. Last week, we discussed the fact that equitable distribution judgments are generally non-modifiable. This week we will examine modification of custody orders. Fla. Stat. 61.13(3) states, “…A determination of […]
What is “income” for purposes of child support calculations?
And how does Florida factor in disability benefits that go directly to the opposing party? First, F.S. 61.046(8) states, “‘Income’ means any form of payment to an individual, regardless of source, including, but not limited to: wages, salary, commissions and bonuses, compensation as an independent contractor, worker’s compensation, disability benefits, annuity and retirement benefits, pensions, […]