When a couple separates and has children together, it is urgent that the father seek advice from an experienced father’s rights attorney as soon as possible. Child support is a legal duty that is paid by both parents and, under Florida child support laws, the obligation to pay child support begins immediately upon the separation of the parties. The controlling statute is F.S. 61.30(17), which states:
“In an initial determination of child support, whether in a paternity action, dissolution of marriage action, or petition for support during the marriage, the court has discretion to award child support retroactive to the date when the parents did not reside together in the same household with the child, not to exceed a period of 24 months preceding the filing of the petition.”
Based on the language contained in the Florida child support laws, it is highly important that a father consult with an experienced father’s rights attorneyimmediately upon separation so that a proper parenting plan can be sought. This parenting plan may provide for extensive timesharing and a reduction in child support obligations.
Because the Florida child support laws and guidelines take into account the number of overnights that the child(ren) spend with each parent, it is extremely important that a newly separated father act quickly to achieve an equitable timesharing schedule (one that is as close to fifty percent number of overnights as possible). Failure to do so may result in the accumulation of child support arrearages which can total many thousands of dollars.