Child Support
Child support is a court-ordered mandate outlining the financial responsibilities for a child. Specifically it calls for monetary support for the care, maintenance, training, and education of a child. Florida Statute 39.01. Whether parents are married, divorced or single, Florida considers it their responsibility to provide child support.
The specifics of the amount of child support are based upon Florida’s Child Support Guidelines. These are standards that are used to determine the support needed by a child and the amount that a parent must pay. These guidelines were put in place to ensure fairness.
Factors taken into consideration are:
Father’s income
Mother’s income
Health insurance costs
Daycare costs
Time Sharing arrangement
What Child Support Covers
Child support is a court-ordered mandate outlining the financial responsibilities for a child. Specifically it calls for monetary support for the care, maintenance, training, and education of a child. Florida Statute 39.01. Whether parents are married, divorced or single, Florida considers it their responsibility to provide child support.
The specifics of the amount of child support are based upon Florida’s Child Support Guidelines. These are standards that are used to determine the support needed by a child and the amount that a parent must pay. These guidelines were put in place to ensure fairness.
Factors taken into consideration are:
Father’s income
Mother’s income
Health insurance costs
Daycare costs
Time Sharing arrangement
What Child Support Covers
Beyond providing for the basic needs of a child, the intention of child support is to ensure that the child continues to be provided with an acceptable standard of living. Child support payments are intended to benefit the child. However, some benefits may incidentally go to the nonpaying parent.
Child support payments can include the following:
Food and clothing. Over and above weekly groceries, an amount for eating out and school meals as well as regularly shopping for clothes.
Education & Activities. This includes tuition, books and supplies as well as extracurricular activities like sports, lessons and summer camp. Included are entertainment activity expenses like going to the movies.
Medical Expenses. This includes out-of-pocket medical expenses (those not covered by insurance) and deductibles necessary to maintain a child in good health.
Custody vs Shared Parenting Time
In the State of Florida, the legislature changed the way parties and the Court are to approach child related matters in Family Court in 2008. Perhaps this is best illustrated with Florida Bar article titles The End of Custody in Florida: Finally Parents are Just Parents. As a child advocate, one of the ongoing challenges with child related issues is the perception that one party will win the child or the children. This notion and perception in part stems from the concept of Custody. Whomever has Custody essentially was perceived to be the parent that wins, that parent being the better parent. To further this fallacy and fiction the Courts many times embraced the tender years doctrine which essentially stood for the notion that young children could only be proper;y cared for by their mother and that their mother should have custody. The result of this archaic set of doctrines was that children lost their Fathers and Father’s lost their children. Mother would receive a windfall of support paid by the Father’s who who be left with very little and scrap timesharing with children who many times were taught that their Father lost them for fictitious reasons conjured at the whims of their mothers. Thankfully many have gained valued insight that Father’s are an invaluable asset to their children, that children need male role models whether they are boys or girls and that children should never feel or be led to believe that one parent has won them or that one parent has lost. Our state has moved instead to the therapeutic concept that parents should share children and that they should share in parental decisions. Furthermore, that the family unit should be preserved. Unfortunately there still exists the human condition that remains flawed. Advocates of children are still needed as people, and yes parents, continue to stray from what children need and what is best for them. People continue to put their personal needs, wants, desires, aspirations and personal feelings over what is best for their own children. But at least we have a State that supports a fundamental shift to help guide people and perhaps the language that the state employs and the models that it creates will no longer be the spring from which the flock finds itself drinking. Our State recognizes and so it has become the trend and the norm that our laws should not be the starting place for litigation and for all the heartache and sadness that domestic relations starts. In stead our State hopefully may be a place where children can find refuge from the heart ache of being pulled between parents.
How Child Support Works with Equal time-sharing
People may ask, will there be child support if there is equal time-sharing? The answer is that it depends. Child support is a result of a math equation that includes the incomes of the parties, the number of overnights and the costs of child care and health insurance. The unfortunate thing is that people continue to fight in court over a certain number of overnights to get more child support or to have to pay less. Please don’t be one of those people! This is not only unfortunate but it is something that is disfavored in the eyes of many judges. Parents should be reminded that children need to be supported and that time-sharing should be determined, hopefully by agreement, for reasons other than what the child support number may be.
Back Owed Child Support Payments
Parents have the right to seek unpaid (back owed) child support in Florida. The period for retroactive child support payments cannot go back further than 24 months. The amount of retroactive child support owed will be based upon the Florida Child Support Guidelines. Usually, retroactive support will be added to future monthly child support payments by an established percentage.
Child Support Enforcement in Florida
Florida law authorizes courts to garnish wages for child support payments. This type of wage garnishment automatically deducts funds from the paycheck of the parent owing the support. These garnishments can continue as long as the court finds it necessary to do so.
Tax refunds may also be garnished to satisfy child support requirements. The court can even continue these tax garnishments on a permanent or rotating basis.
Non payment of child support can result in the suspension of one’s drivers license. Professional licenses can even be suspended. Courts may refuse to suspend a license if there is a demonstration of a good faith effort to meet child support requirements.
Contact the Donovan Melendez Law Office in Tampa Bay for Help
Mr. Donovan and Mr. Melendez have years of experience in child support. We have advocated both for and against child support depending on our client’s situation. Child support issues are important to everyone involved and have huge long-term implications. If you need help with a child support case, reach out to us at 813-280-0181.