Understanding Child Support Modification Guidelines in Florida
Divorce can be a difficult time for a family, especially if children are involved. No parent should have to worry if the financial burden of a divorce will impact proper care or financial support for their children. So you need an experienced child support & custody attorney to deal with it. Child support modifications can be a complex and emotionally charged issue, which is why working with a child support modifications attorney in Maitland, FL is essential.
In this situation, our Florida family law attorneys at Veliz Katz Law are ready to help. We have the knowledge and experience needed to help you navigate the legal process and achieve a positive outcome. Contact us today to schedule a free initial consultation and learn more about how we can assist with your family law case.
What is Child Support?
Child support is a court-ordered amount that a non-custodial parent must pay to cover a certain amount of a child’s expenses. The money can be used to pay for necessities like housing, food, clothing, education, medical expenses, and so forth. Depending on where you live and the agreement you reach, the child support you pay or receive and what expenses it should cover will vary. Navigating child support laws can be challenging without the assistance of a Maitland family law attorney.
Contrary to popular belief, child support is not a duty placed on one parent and is owed to the other parent. Child support is owed to the child or children in question. Child support is not simply income but includes insurance, mortgage payments, health expenses, and more. Children are entitled to be supported by their parents in the same way they would have been had the parents not separated.
What is Child Support Modification?
Child support modification refers to a legal process that allows parents to request changes to an existing child support order. It may be necessary when a parent experiences a significant change in financial circumstances which can include changes in income, employment status, child custody or visitation, health care needs, or other factors that impact the financial obligations of the parents.
The process for modifying child support can be complex, and it often involves filing legal documents and attending court hearings. Working with a Maitland FL child support modifications attorney can help ensure that your child support modification case is handled properly and that your legal rights are protected.
What are Florida’s Guidelines for Modifying Child Support?
In Florida, you have the option to modify support orders in certain situations. It’s pretty straightforward – either parent can ask for a modification if there’s been a significant change in circumstances or if the existing order has been in place for three years or more. Now, when we say “significant change,” we’re talking about a difference of at least $50 or 15% (whichever is greater) from the current order. That’s when it’s considered substantial.
Now, when these requests come up, they usually stem from changes in income. So, both parents will have to provide documentation to the court that shows their total income and expenses. Unfortunately, some parents try to play games and intentionally stay unemployed or underemployed to avoid their child support responsibilities. But, that’s a risky move. If a judge catches wind of this and believes you’re not being honest about your ability to work, they can calculate your payments based on what they think you should be earning. They’ll assign a dollar amount based on your work history and education, and that’s what they’ll use to determine your payments. So, trying to dodge the system won’t get you very far.
What are the Factors Considered When Handling Child Support Cases?
Several factors play a role in determining how much child support you will receive, whether agreed upon by both parents or decided by a judge. A Maitland family law attorney can explain some of the factors considered when handling child support & custody cases, including:
Amount of Support
The amount of support is generated using a few basic guidelines such as the number of children, the income of both parents, child care expenses, child health care expenses, and providing for the standard needs of a child. Florida has its own list to determine the standard needs of a child. Temporary support may be awarded during any divorce or child support proceedings as supplementary income until a final child support arrangement can be reached.
Method of Payment
In the state of Florida, child support can be paid in the following ways:
- Credit card or electronic check
- Checking or savings account
- Cash via money transferring services (Amscot or MoneyGram)
- By mail
All forms of payment must go through the courts and do not go directly to the recipient until passed through the proper avenues.
Supervision of Timely Payments and Following of Guidelines
If a parent is not paying child support, it is up to the other parent to notify the state so that payments can be enforced and monitored. Florida employers collect more than three-quarters of the total child support owed by withholding the amount necessary from the parent’s paycheck.
The state has another way to enforce the withholding process as well. In the event child support is more than thirty days late or is willfully not paid, there are additional measures that can be taken to obtain the necessary support. However, it is important to note that a parent cannot withhold time-sharing due to failure to pay child support by the other parent.
Changes to Amounts in Child Support
You may qualify for a review or change in your support order if:
- Your court order will not end six months from when a request for review is submitted.
- Your support order has not been changed or reviewed in the last three years or you can document a large change in your life that could impact child support.
- Adding or removing a child from the order.
- Extending the duration of support needs to be paid.
- Adding or removing additional support from the order (such as medical or child care expenses).
Effects on Taxes
For federal income tax purposes, child support is not deductible by the payer but would be tax-free for any parent receiving it for the care of their child. The parent with the most time-sharing of the child in question is the parent who can claim that child as a dependent on their tax return, but the other parent cannot. However, a parent offering 50% or more in child support may be able to claim an exemption for tax purposes.
What are the Common Reasons for a Change in Child Support?
Even though settling on a fair amount of child support may be a strenuous part of divorce negotiations, child support modifications are common. Child support modifications may be necessary when there is a significant change in circumstances that impacts the financial obligations of the parents. Furthermore, the change must be permanent and unanticipated when the existing order was created. If you believe an adjustment in the amount of child support is warranted, it is best to seek the assistance of a Maitland child support modification attorney.
Here are some of the reasons why child support modifications may be necessary:
Change in Income
If either parent experiences a significant change in their income, it may impact their ability to pay child support. When the change to your income appears to be arguably permanent, you may qualify to have your support payment recalculated. If a parent’s income increases or decreases, the court may re-evaluate the child support order and increase or decrease the amount of support required to meet the child’s needs.
Change in Expenses
Expenses can change quite a bit depending on what’s going on in life. For example, you might suddenly have to pay extra for daycare, or the primary caregiver might stop receiving alimony. Losing health insurance can also throw a wrench in your budget, and changes in payroll taxes can affect how much money you actually take home. It’s all part of the ups and downs of managing your finances.
Change in the Child’s Needs
Children move through many stages on their journey toward adulthood, and their expenses can go up and down for various reasons. If the child’s needs change, such as if they require additional medical care and educational support, it may impact the financial obligations of the parents.
Change in Parenting Time
Either the payor or payee may have a different arrangement from the parenting plan outlined by the court, which was initially used to establish child support arrangements.
Number of Children Being Supported
The number of children you and your former spouse share, as well as their ages, also plays a significant role in child support cases. Typically, the more children involved the more child support the non-custodial parent will be required to pay the custodial parent.
How Does Remarriage Affect Support?
A lot of divorced parents wonder how getting remarried can impact child support. Well, here’s the scoop: just getting remarried doesn’t automatically change your child support obligations. However, there are cases where the court might consider your new spouse’s income. If your new spouse brings in a significantly higher income than the parent receiving support, a judge can take that into account when calculating the payments. In such situations, the monthly payments could potentially be reduced. The idea behind this is that since the new spouse is contributing more to the household expenses, the parent should have more money available to support their child. But, here’s an important thing to remember: if the parent who pays child support gets remarried, the court won’t increase the amount they have to pay, even if their new spouse earns more.
Now, let’s talk about having another child with your new spouse. Generally, it won’t cause a big change in the amount of child support that’s paid or received by either parent. However, it’s a good idea to discuss this matter with your child support attorney just to be sure. They can give you the best advice based on your specific circumstances.
Why Do I Need a Child Support Modifications Attorney in Florida?
When a court enters a child support order, it is subject to modification in the future. Everything that a family court does is in the best interests of the child, and this may warrant that the amount of child support may change in the future. Circumstances can change after a child support order is put in place, which can make it difficult for one parent to meet their obligations.
While it is not always easy to get a child support modification, having a Maitland FL child support modification attorney on your side can help you understand your rights and options, negotiate with the other parent, and present your case effectively in court. At Veliz Katz Law, we are committed to:
- Assessing the facts and circumstances of your case to determine if there is a basis for a modification and advise you on the likelihood of success.
- Gathering and organizing the necessary evidence, such as financial statements, tax returns, pay stubs, and other relevant documents to support your claim.
- Helping you communicate with the other parent, make a proposal, and negotiate the terms of the modification.
- Helping you enforce the modification if the other parent fails to comply, such as by seeking contempt of court orders.
Our family law firm will evaluate your case and help you understand your legal rights and options. We can guide you through the process and fight for your best interests. Contact us now to schedule a free consultation and let us help you resolve your issues regarding child support modification.
Call Our Maitland FL Child Support Modifications Attorney Now!
Life is never a constant. What seemed agreeable at the time you divorced or separated from the biological parent of your children may no longer be in the best interest of you, or your children. If you’re going through a child support modification case in Florida, you’re likely experiencing a lot of stress and uncertainty. That’s why it is important to have our Maitland child support modifications lawyer at Veliz Katz Law by your side to guide you through the legal system and fight for your rights.
Our family law firm has years of extensive experience helping clients navigate this complex legal process, providing guidance, and fighting aggressively for our client’s rights and interests. We know that every case is unique, and we take the time to listen to our client’s needs and concerns. Our goal is to achieve the best possible outcome for our clients, whether that means negotiating a favorable agreement or fighting for them in court. We also provide legal services when it comes to divorce, probate law, and estate planning.
Raising a child is expensive. Turn to us for help in seeking the financial support you need. If you are seeking counsel for a child support attorney or an experienced child custody attorney, contact our Florida family law attorneys of Veliz Katz Law for a free initial consultation. Let us help you get the peace of mind and justice that you deserve.
