By Steve Walden, Attorney at Law
LEGAL CORNER: Understanding Child Support
If I took a poll of attorneys to see what issues they are asked about most often, I am sure the answer would overwhelmingly be child support.
Child support is ordered in cases of divorce or for separated, unmarried parents. An order of child support is consided mandatory, but courts have discretion to waive the requirement if the parties agree and the court finds that the absence of child support does not adversely affect the best interest of the child. Child support can be ordered through the child’s 18th birthday or until the child graduates high school if that occurs later. Child support can extend past the 18th birthday if the child has a disability with special needs. A court can also order that child support be retroactive if it finds that the paying party, called the obligor, should have been supporting the child in the past.
In Florida, child support is calculated under guidelines that take into account the income and resources available to both parties. These economic resources can include wages, bonuses, disability pay, social security, alimony or spousal support, and inheritance. Under the support guidelines, certain amounts are deducted for income tax, mandatory retirement payments, union dues, and health care insurance premiums for the child. Income of a new spouse is not considered as a resource to be included for child support calculations – this is the question I am asked most frequently.
Once the adjusted resources are combined, the total amount to support the child is determined on a Child Support Guidelines Chart, which accounts for the net resources of the parties and for the number of children to be supported. The obligation is then apportioned in accordance with the percentage of time each parent has the child during a calendar year; the parent having the highest proportionate amount pays the other parent, who is considered the obligee.
Typically, child support payments are automatically deducted from the obligor’s wages by the Florida Department of Revenue and then disbursed to obligee. The department maintains an accounting of the amounts required to be paid, the actual amounts received, and amounts disbursed to the obligee. This accounting may be used by either party to confirm any unpaid support or as supporting evidence in an enforcement proceeding if the obligor is delinquent on payments.
A child support order may be modified if there is a change in circumstance of the parties or the child that was not accounted for at the time child support was ordered. For example, a modification could occur if the obligor loses his or her job, the obligee moves and the costs for the obligor to spend time with the child are increased, or if the obligor’s wages increase. In order to find a sufficient change in circumstances, the child support amount has to either increase or decrease by 15% or $50 from the prior ordered amount.
The consequences of not paying the ordered child support may be enforced by the Court. Penalties that may be imposed include attorney fees, court costs, and in certain circumstances, confinement in jail. Child support delinquency may also be punished by the state’s revocation of driver, fishing and hunting licenses. The state may also seize bank accounts, tax refunds, and cause the non-renewal of passports if the delinquency is significant.
Child support issues can be complicated since each case has its own unique circumstances. You should consult with a family law attorney to address your specific child support needs.
Steve Walden, Attorney at Law
The Carlson Law Firm
333 3rd Ave. N, Suite 220, St. Petersburg, FL 33701
(727) 373-4655
swalden@carlsonattorneys.com
www.carlsonattorneys.com
