In any divorce involving children, child support payments are mandatory.
Whether or not a parent is unemployed or cannot be located, the party filing for divorce with minor children must include an order for child support payments.
How Is Child Support Calculated in Florida?
Florida child support laws follow guidelines that determine the amount of child support. The child support amount is calculated based on the income of each parent and the amount of time they each spend with the child(ren). The guideline amount can also be increased or decreased depending on whether certain conditions are met.
The most important thing to keep in mind with any divorce is that the Judge has the ultimate authority on child support decisions. They can determine whether to follow or deter from the guidelines for the amount of child support payments imposed by the court.
Florida Child Support Modification Process
A Florida child support modification can be obtained at any time. Two of the most common reasons to revisit the amount of child support payments are:
1) special circumstances and
2) change of income.
Both parents can either agree to change the amount in writing or can proceed in court by filing a motion. However, when doing so you should always seek the help of an experienced divorce lawyer. More so, after a divorce has already been finalized.
In general, a child support order provides for the assignment of wages after an order has been issued by the court. Child support payments then become due although the divorce may not be finalized. The best way to approach child support in divorce is with the help of an experienced divorce lawyer. Especially, when a parent seeks to rush the payment of child support.
Failure to Pay Child Support in Florida
A parent who is behind or fails to pay child support can face serious consequences. They can be sued for contempt of court, have their driver’s license suspended, face child support garnishment, or be subject to the Federal Tax Refund Offset Program which allows the Treasury processing tax refunds to intercept all or part of the tax refund to pay the past-due support.
To learn more about the child support payment process in Florida and how our Miami Divorce lawyers can help you, call now for a free initial consultation.
- About Jessica Serrano, Divorce Lawyer