How Child Support is Determined

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Child support is usually straightforward in Florida divorces. The courts typically base child support payment amounts on the length of marriage, the economic state of the spouses, the child’s standard of living, and other similar economic-related statuses. Infidelity isn’t supposed to affect the child support amount ruled, but some exceptions do occur.

Times Your Infidelity Could Affect Child Support

One instance your infidelity could affect child support is if your infidelity causes you to lose the custody battle. If the other spouse is granted full custody of your child, you’ll most likely have to pay child support. If that custody ruling was somehow related to your infidelity, you can blame the affair for your new child support payments. Divorces that end with 50-50 shared custody don’t typically have child support involvement.

Another example of when infidelity could affect child support is if you have wasted marital assets on your affair. If you have wasted, distributed, or destructed marital assets (money, property), the judge may order you to pay child support to make up for the lack of financial support from those assets.

Furthermore, if your infidelity has caused a negative affect on your relationship with either your spouse or child, the judge might rule against your favor in matters regarding custody and child support.

Each divorce case in Florida is different. Always consult your family lawyer to find out what you can expect for your specific situation.

How Child Support is Determined

The first thing usually determining how much child support will be paid is whether one parent has full custody. Typically, if one parent has sole custody, the other parent will have to pay child support. However, in situations where both parents have joint custody, child support is less common. Each case is judged separately, and there is no one rule for all divorces.

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Once it’s determined child support does have to be paid, the case is then looked at closer to determine how much child support will be paid. Things like financial needs of the child, income of the full-time parent, child’s standard of living, usually come into play at this stage. A judge will look at the situation and see what the income needs are before determining how much child support will be paid. In this stage, the judge will usually factor in how many children are involved. If a parent is paying support for multiple children, they can expect an increased payment than if there was only one child to cover. This logic is simple: the cost of providing for three children is higher than providing for one.

Each Case is Different

Like stated above, each case is different. As income levels, standards of living, and custody situations vary, so do child support rulings. Although there are certain standards in Florida’s family laws, there’s not a one-size-fits-all solution for divorce cases. Always consult with your lawyer regarding your divorce and family law needs.

Florida child support guidelines

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In the state of Florida, parents are obligated to provide support for their children. The state courts follow guidelines called the “Income Shares Model” when calculating who pays child support, how much they will pay and how often they will pay it. This model estimates how much money the parents would have spent on their children if they had not divorced. Then the amount is divided between the parents based on their incomes. The courts also use Florida Child Support Guidelines while determining a child support order.

Determining the amount of child support in a Florida divorce

There are several steps the courts go through when determining the amount of child support one parent pays the other:

• Step one: Both parents must complete a financial affidavit that details their income and expenses. The affidavits determine each parent’s net income and that is how the child support amount is calculated.
• Step two: Once each parent’s net income is determined, they are added together and the court’s Child Support Guidelines provide a grid that shows how much child support should be awarded and to which parent.
• Step three: Other expenses are divided, such as educational expenses, health care premiums and deductibles and child care expenses. These expenses are divided and split among the both parents. Each parent is responsible for a percentage of these expenses and the percentage is calculated based on their net incomes.

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Child support is often a mandatory aspect of a divorce or separation of any kind when minor children are involved. A child support order is the court’s means making sure a minor is consistently provided for financially. Even if a parent is not physically present in a child’s life, the state of Florida orders child support to make sure the child’s financial needs are met in a way that ensures their usual and comfortable standard of living remains intact. This financial support allows the child to maintain basic needs by providing support to the primary parent for necessities they might not be able to afford on a single income. Besides the necessities of life, child support often helps the primary parent afford other common needs for the children such as school supplies, gas to drive children to activities, rent, and more.

Child support is an order that is based on the parents’ income levels. Florida has its own set of rules regarding how much child support might be ordered and when child support can be modified, which you can read more about here. Usually, child support is only ordered to be paid up until the child(ren) turn 18. However, sometimes, the child support payments can extend beyond the age of official adulthood. In most cases, there are just two situations where a child support order can extend past the child’s 18th birthday:

• If a child is dependent because of a mental or physical incapacity that began before they turned 18 OR
• If a child has reached the age of 18, is still living at home, and is attending high school, where they will graduate high school before they turn 19

The term dependent is applied in this case to mean the child receiving child support is not out earning their own money, providing their own means of living. When considering if a child is going to receive child support past the age of 18, the child must both be dependent and have some sort of limitation either mentally or physically. Usually, this limitation is a mental or physical disability that affects their way of living. These disabilities can include those that prevent the child from being able to obtain and maintain a steady job to support themselves.

If you are paying or seeking child support and think your child might be in need of support beyond the age of 18, seek an family attorney today. An experienced attorney can aide you in following the proper steps to gaining the modification or extension you seek.

Determining Child Support

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While every case is different and there are no hard and fast rules when it comes to any family law matters, there are a few general guidelines for how some child support may be determined. When one parent makes commission, bonuses, overtime, tips, or other excess income beyond salary or hourly pay, the average income is typically used. When deciding income for child support purposes, the parent’s income is usually averaged on a monthly basis. This average includes any extra payments received beyond their regular or base income.

When determining this average income, the state may look at many different forms of payment including:

• Salary or wages
• Bonuses, commissions, overtime, tips, allowances
• Self-employment income, partnership income, independent contract income
• Disability benefits, including workers’ compensation
• Unemployment
• Retirement, social security, pension, interest and dividends

These are just a few of the things that can go into determining child support in a divorce or separation case. Each case is unique and child support is determined specifically for those parents. It is never advisable to tackle these kinds of cases alone. Family law attorneys are experienced in making sure the child’s best interest is reached, and everything in the case is accounted for.

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There are several reasons why a parent may want modification to their child support. The parent paying the child support might have lost their job, gotten a new, lower paying job, or seen an increase in child expenses. The parent receiving the child support may seek an increase in child support because the child expenses have gone up, they have the child more time, or they may be reacting to the other parent’s raise in salary. Whatever the reason, a modification of child support in Florida can be achieved under the right circumstances. Below is a brief overview of some of the circumstances that could constitute a modification in child support.

Change in Income

Modifications can be sought if there has been a substantial change in income. By substantial change, most attorneys may tell you this means the change in income would result in a 15% or $50 change in child support payments. This change can either be in increase or decrease of payment. Seeking the advice of an attorney is vital in making the decision to attempt a modification of child support in Florida. They will be able to assist in reviewing financial information and determining if the child support payment will increase or decrease by 15% or $50, whichever is lowest.

Change in Child Expenses

Along with income, some attorneys may suggest that a modification in child support is achievable if there has been a change in the child expenses. Examples of these expenses are daycare, school care, medical, supplies, classes, activities, you name it. A parent receiving child support may need additional child support to help with additional expenses. A parent paying child support may seek a modification if they feel their payments should be reduced due to a lack of child expenses by the other parent. In either case, a lawyer will help you determine if the situation justifies a modification in child support.

Change in Parenting Plan

A modification in child support in the state of Florida might be granted if there is a change in the parenting plan. This plan change could result in more or less time with the child, which can be reflected on the child support modification wanted. A modification could be sought as a result of a change in the parenting plan. The parent then might be able to file a modification to gain more child support for the increase in time and expenses.

If the circumstance allows, a Supplemental Petition to Modify Child Support may be filed, with the help of a lawyer. Then, the attorney will help through the process as financial information is reviewed and a mediator is seen. In some cases, the modification might go to a judge for a ruling.

If there has been a change in income, an increase or decrease in child expenses, or a change in the parenting plan, a modification to child support may be granted. Seek the advice of an experienced attorney to assist through the case as each situation is different.

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A recent question came through about a Florida man who had been living with and supporting his child and her mother for several years after they had divorced. Along with the divorce, the mother was awarded a child support order. Though the couple reconciled for several years, the mother never terminated the child support order—and when the mother and father did eventually split permanently, the man was hit with all of those years of child support payments. He owed child support for years while he was living with and supporting the child, as his tax, insurance, auto registration and payroll information can confirm.

Does this father have any legal recourse in Florida in this case? It turns out, he probably does.

His first order of business will be to get the original order of child support modified to better align the circumstances that changed from the time that the child support was initially ordered. The major circumstance being that after the breakup, he continued to live with and pay for all expenses related to the child. The important document in this example is called a Uniform Child Custody Jurisdiction and Enforcement Act Affidavit, and this document is where the parents list the addresses where the children have lived and with which guardian(s). This document will confirm for the courts that both parents lived with the children at the same address.

His next step will be to get a motion to correct the child support account—that is, to show the arrearages from the years the parents lived together with the children.

It is important to remember, that with most things related to the courts, it may take weeks or months to correct the child support order, but it shouldn’t be that difficult. If the father has his facts in line and can provide proof of residence and support, following the proper channels and documentation steps will ensure that he may adjust the child support order to a correct and accurate level.

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In mid-September, a Florida man pleaded guilty to owing over $90,000 in child support. He hadn’t made a single payment since 2012, at which time he already owed over $60,000 in Florida child support. He now faces up to two years in jail and a $250,000 fine. What’s more, in addition to the jail time and hefty fine, he still must pay the $90,000 in overdue child support.

While this man is an extreme case, the lesson should be clear: Florida law expects support orders to be followed.

Here is a little about how the child support system works, including how child support is determined.

Once parents have gone their separate ways, child support is required if a child support order has been filed.

Florida views child support as a right every child has to ensure the child is consistently provided for. Whether it is shelter, food, clothing, or any other necessities, the state of Florida holds the child’s needs as paramount.

This court order specifies the amount and type of child support the parents need to provide for the children. Under the child support order, there are many benefits included, such as: the amount of child support required to be paid, paternity benefits (where the father gets legal rights in cases where the mother wasn’t married at time of the child’s birth), and medical insurance plans. Any medical costs that are not covered under medical insurance plans are also included in the benefits.

There are two different ways to get a child support order in the state of Florida: administrative and judicial. For the administrative route, parents avoid a court hearing by determining the type of support and amount with an official. The judicial process requires a court hearing for a judge to evaluate financial information; after which, he will then inform the parents of his decision on the amount and type of support to be included in the order.

After the type and amount of child support has been determined, it is quite easy to make and receive payments, using the Florida Department of Revenue’s website. Payments can even be made by cash, check, in person or by mail. If a payment can’t be made due to circumstantial changes, Florida allows for modifications to the child support order be filed.

In any case, it is important to have a knowledgeable, experienced attorney by your side through child support cases. Counsel will help you correctly file orders, modifications, and clue you in on where you are at in the process.

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