Fact #1: Paternity Must Be Established

For a father to be required to pay child support in Florida, paternity must have been legally established. Until paternity is legally established, an alleged father does not have a legal obligation to pay child support. When a child is born to married parents, it is presumed that the husband is the legal father of the child. On the other hand, in the case of parents who have never been married, paternity must be established. This can be done by both parties signing a Voluntary Acknowledgement of Paternity form or through a court case.

Fact #2: Child Support Amounts Are Based on a Formula

The amount of child support a parent is required to pay is not some random number the court comes up with. Instead, Florida has a method for calculating child support payments. The formula used to calculate child support payments in Florida is called the “Income Shares Model.” This formula is outlined under Florida Child Support Guidelines. The Income Shares Model considers several crucial factors, such as both parents’ income, childcare and healthcare expenses, and tax implications.

Note: When determining child support payments, courts can deviate from standard guidelines if doing so is in the best interest of the child.

Fact #3: You Need a Court Order

You need a child support order stating specific facts, such as the amount of child support to be paid and the frequency of payments. An unofficial agreement between you and the other parent is not enough.

Fact #4: Child Support Can Be Modified

Whether you are the paying or receiving parent, there are situations when child support payments can be modified. Child support orders can be modified when there is a significant change in circumstances. Examples of significant changes in circumstances include changes in income and changes in a child’s needs. Depending on the situation, child support payments can be modified to a higher or lower amount.

Fact #5: Child Support Can Continue Past a Child’s 18th Birthday

In Florida, child support typically ends when a child turns 18. However, there are some instances when child support can continue beyond a child’s 18th birthday. If a child who is 18 years old is still in high school and hasn’t graduated, child support can continue until they graduate or turn 19, whichever happens first. Also, child support may continue past a child’s 18th birthday if the child has special needs or a disability that makes them dependent on parental support.

Contact an Orlando Child Support Lawyer

For more information or help with your child support case, contact our Orlando child support lawyers at the Arwani Law Firm. We work tirelessly for our clients to ensure fair results that are in your child’s best interest.

Does Child Support in Florida End if a Child Gets a Job?

It is a common misconception that once a child gets a job, the obligor parent is no longer required to pay child support. After all, shouldn’t a child with a job be able to support themselves? In Florida, a child getting employed typically does not affect a parent’s child support obligations. Child support is a crucial component of ensuring a child’s needs are met. Child support is based on a child’s dependency and age and not on whether or not they are employed. However, child support obligations may end or be modified if a child becomes financially independent and is no longer dependent on their parents.

Because family laws are complicated, it is best to seek the advice of a qualified family law attorney. An attorney can assess your situation and provide guidance depending on the specific details of your case.

When Does Child Support End in Florida?

In many cases, child support obligations in Florida end when a child turns 18. This is true even for children who get a job before the age of 18. However, there are situations where child support can end before a child turns 18. There are also situations where a parent may be required to continue paying child support even after a child has reached the age of 18.

According to Florida law, child support can continue until the age of 19 if a child turns 18 before graduating from high school. If a child graduates after turning 18 but before their 19^th birthday, child support ends upon graduation. In a case where a child is not on track to graduate from high school by the time they reach 19, child support will end at the age of 18. If a child has special needs, child support could continue indefinitely.

Circumstances when child support in Florida could end before a child turns 18 include when a child enters the military before turning 18 and when they get married before the age of 18. In such situations, it is assumed that the child is no longer being supported by their parents. Also, when a minor child is emancipated (i.e., granted the rights and statuses of an adult), a parent is not required to keep paying child support. In such a case, it is assumed that the emancipated child is supporting themselves.

Contact an Orlando Child Support Lawyer

If you have questions about Florida child support laws, contact our experienced Orlando child support lawyers at the Arwani Law Firm.

So, is a working parent entitled to child support? Yes, working parents are entitled to child support. The fact that you work does not mean that the court cannot order your child’s other parent to pay child support.

How Is Child Support Determined in Florida?

Florida courts determine child support per the state’s child support guidelines, which are codified under Florida Statute 61.30. These guidelines require courts to use the “Income Shares Model” method when determining child support. With this method, the court estimates how much the parents would have spent on their child had they not divorced. After that, the court divides the amount between the parents based on their incomes. Because the amount of child support determined under the Florida child support guidelines is presumptive, often, the court must order the amount provided for in the guidelines. The court can only award an amount higher or lower if, after considering all the relevant factors, it finds the circumstances warrant it. And the court can only set an amount that is five percent above or five percent below the guidelines amount.

The following are some of the factors Florida courts consider when determining child support;

• Both parents’ income
• The cost of the child’s health insurance
• The number of children
• The cost of daycare or childcare
• The child’s timesharing-schedule
• The needs of the child

What Happens if Parents Have Equal Timesharing Rights?

This is another common question pertaining to child support that comes up a lot. If parents have equal timesharing rights, divide the expenses for the child equally, including daycare expenses and healthcare costs, and have the same financial resources and income levels, it is possible for the court to order no child support. However, this is a rare occurrence. It is more common for one parent to earn more than the other than for parents to have the same income.

Can Child Support Be Modified?

A child support order can be modified if the circumstances of either parent change after the order is issued. However, the change must be a substantial one. For example, if there is an upward or downward change in income, a parent can request child support modification. Other grounds for child support modification include changes in the child’s needs, changes in timesharing arrangements, and changes in child-related expenses.

What If a Parent Refuses To Pay Child Support?

If a parent refuses to pay child support, it is considered a violation of a court order. That parent can be held in contempt of court. Refusing to pay child support can result in several penalties, including income withholding, seizure of assets, driver’s license suspension, and jail term.

Contact an Orlando Child Support Lawyer

If you have any questions or concerns, contact our Orlando child support lawyers at the Arwani Law Firm to schedule a consultation.

Source:

flsenate.gov/laws/statutes/2012/61.30

Why You Should Not Withhold Timesharing

Firstly, you need to note that in Florida, timesharing and child support are two completely different issues that are treated as such. Timesharing is not connected to child support.

That said, you should not withhold visitation because it is against Florida law. If you withhold timesharing, two breaches of the divorce ruling will have occurred. Your ex-spouse’s refusal to make child support payments and your refusal to honor the court-ordered timesharing agreement. Refusing to pay child support and withholding parental visitation can both result in contempt of court charges, fines, and other penalties.

Secondly, you should avoid withholding timesharing because by doing so, you are punishing your child. You are also using your child to manipulate the other parent or push them into making child support payments. Judges do not support this type of behavior. Judges in Florida are focused on the best interests of children. If you withhold timesharing, the court may determine that your behavior is contrary to your child’s best interest. This could result in the court deciding to award custody, now called parental responsibility, to the other parent.

Furthermore, research suggests that the more a parent is involved in their child’s life, the more they are willing to make child support payments and fulfill other financial obligations. If you deny the other parent the chance to see their child, they may grow hostile and become more resistant to making payments.

You should only withhold visitation if you believe allowing your ex-spouse to see your child will put your child in danger. In such a situation, get help from law enforcement and speak to an attorney.

What Should You Do if the Other Parent Is Not Paying Child Support?

If your child’s other parent is not paying child support, instead of withholding timesharing, you should contact a qualified child support lawyer. In Florida, parents have several avenues of recourse to force the other parent to make child support payments. For example, an attorney can help you to petition the court to enter an income withholding order. If the judge enters this order, the child support will be deducted directly from your ex-spouse’s paycheck.

Contact an Orlando Child Support Lawyer

While it may be tempting to withhold visitation if your child’s other parent is not paying child support, you should avoid doing so, as it could have negative consequences. Reach out to our Orlando child support lawyers at the Arwani Law Firm for help enforcing the child support order.

The issue of child support often causes disagreements between parents. Parents may try to reduce payments or get out of paying child support through certain inappropriate actions. On the other hand, the parent receiving child support payments may take inappropriate steps when the obligor parent fails to make payments. As a parent making or receiving child support payments, it is crucial that you avoid taking certain actions. The following are some of the actions parents should take and avoid taking in regard to child support.

Do Make Partial Child Support Payments if You Cannot Pay the Full Amount.

As the obligor parent, you could get in trouble with the law if you fail to meet your child support obligations. If you cannot afford to make full child support payments for whatever reason, you should make partial payments. Making partial payments shows you are putting in the effort to be a responsible parent. And if your child’s other parent claims that you haven’t been making payments, the partial payments you’ve been making may prove important.

Don’t Quit Your Job To Reduce Child Support Payments

Sometimes parents quit their jobs to reduce child support payments or get out of paying child support altogether. You should avoid doing this as it might only worsen your financial situation. If you are voluntarily unemployed, the court may impute income to you. If you intentionally quit your job, you might find that you still have to pay child support based on your earned income, with fewer or no resources to make the payment.

Do Maintain Payment Records

If you are the obligor parent, it is advisable that you avoid paying cash. For example, you can use checks. Each time you make a payment, ensure you keep a record of the payment. If you are the parent receiving payments, keep a record of all payments made to you.

Don’t Prevent the Obligor Parent From Seeing Their Child Due to Non-payment

If your child’s other parent refuses to make child support payments, do not prevent them from seeing their child. A judge may hold you in contempt of court if you do this. The courts do not take it lightly when a parent prevents a child from having regular contact with their other parent, even if that parent falls behind in child support payments.

Do Request a Child Support Modification if a Substantial Change Occurs

If a substantial change in circumstances renders it impossible for you to continue making full child support payments, it is crucial that you request a child support modification. For example, if you are laid off, or you experience a health issue, you should take action to modify child support.

Don’t Move to a Different State To Escape Paying Child Support

You cannot escape paying child support by relocating to a different state since a child support order entered in one state is enforceable in any other state.

Contact an Orlando Child Support Lawyer

If you need to speak to a qualified Florida child support attorney, contact our Orlando child support attorneys at the Arwani Law Firm.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.30.html

There are also times when child support may end before a child’s 18^th birthday. If your child, who is below the age of 18, moved out of the other parent’s house to live alone or in their friend’s house, you may be wondering if this is one of the situations that warrant child support termination before a child reaches the age of 18. So do you have to keep making child support payments if your child no longer lives with the other parent? Read on to find out.

Can a Child Support Order Be Changed if the Child Moves Out of the Other Parent’s House?

If your child, who is below the age of 18, moved out of the other parent’s house, you may be able to request child support modifications. You might be able to ask for child support termination if your child no longer lives with the other parent. However, to successfully terminate child support, you will need to show that your child is emancipated, has gotten married, or has entered the armed forces. In such cases, the state assumes the child is no longer being supported by their parents.

Emancipation

Generally, a child is emancipated when they reach the age of eighteen. However, a minor child can apply for emancipation. If a minor child applies for emancipation and the court approves their request, the child gains all the rights and responsibilities of an adult, including supporting themselves financially. However, in Florida, a child cannot be deemed emancipated before they reach the age of sixteen. Also, in Florida, unless the child is pregnant and the judge approves the marriage, a minor child under 16 cannot get married.

Requesting Child Support Modification in Florida

There are other circumstances where you may be able to lower or terminate child support even if your child has not reached the age of 18. For instance, if there’s been a significant change in your income or the other parent has seen an increase in income, you can request child support modification. Whatever your reason for requesting child support modification, it is in your best interest to seek help from a qualified child support lawyer. A skilled attorney can, among other things, help you file the necessary paperwork, gather the evidence needed to prove your case, and handle any legal issues that may arise.

Contact an Orlando Child Support Lawyer

If you need help with any child support-related issue, contact our Orlando child support attorneys at the Arwani Law Firm.

Calculating Child Support in Florida

As stated already, in Florida, child support is not decided based solely on the amount of time each parent spends with the children. There are other factors the court considers when making child support decisions. So even when timesharing rights are split equally, one parent may still be required to pay the other parent child support.

Child support decisions in Florida are made based on the state’s guidelines. According to Florida law, both parents are legally obligated to support their children financially. Child support decisions in Florida are made based on how much time the child spends with each parent and each parent’s earnings. So, when timesharing rights are split equally, the factor that Florida courts will consider when determining child support is each parent’s income. If one parent earns less, there is a high chance the court will order the parent earning more to pay child support to the parent earning less.

Now, when parents who earn different incomes split timesharing 50/50, and the higher-earning parent pays for the child’s insurance and daycare expenses, and covers many other child-related expenses, the judge may decide not to order child support. Additionally, if both parents have the same resources, earn the same amount or almost the same amount of money, and equally divide child-related expenses, it is possible for the court to decide not to order any child support.

If you are going through a family law issue where child support is an issue, it is crucial that you enlist the help of a qualified family law attorney. You need to sit down with an experienced family law attorney and have them explain how the court makes child support decisions. You need to sit with an attorney and discuss the factors Florida courts consider when making child support decisions. It is important that you are armed with enough information before you start negotiations.

When Does Child Support End in Florida?

Normally, child support payments will end when a child turns eighteen. However, in some cases, Florida law allows child support payments to continue past a child’s 18^th birthday. For example, if a child is still in high school by the time they turn eighteen, child support payments may continue until the child graduates from high school. Also, child support payments may be extended past nineteen years of age if a child has a disability or special needs.

Contact an Orlando Child Support Lawyer

If you have a child support issue and are looking for a qualified child support lawyer, contact our Orlando child support attorneys at the Arwani Law Firm today.

Source:

law.cornell.edu/wex/child_support

So, who is required to pay for college after a Florida divorce? While some states have specific laws dictating how college is to be paid after divorce, this is not the case in Florida. Florida statutes do not mention college and university expenses. In other words, in Florida, a parent is not legally obligated to pay for their child’s college education. A parent’s duty to take their child through college is a moral duty.

What Does Florida Law Say About a Parent’s Legal Duty To Pay For Education After a Divorce?

In Florida, a parent is legally obligated to make child support payments until their child turns 18 or 19 or finishes high school. A parent may only be legally required to continue making child support payments after their child turns 18 or 19 or finishes high school if the child has special needs. If a child has no special needs, a parent’s duty to continue paying child support after their child turns 18 or 19 or finishes high school is not legal. Instead, it is ethical.

Note: In Florida, there is also no law that states that a parent should be required to make payments towards private tuition after a divorce. Usually, a parent is only required to pay for private tuition if certain factors are met.

Contractual Agreements

During a Florida divorce, the court cannot order a parent or parents to pay for their child’s college education. However, if there is a contractual agreement between parents, the court can require a parent or parents to pay for college.

You can create a contractual obligation for one parent or both parents to pay for your child’s college education in a marital settlement agreement, otherwise known as an MSA. If you want to make the other parent pay for your child’s college education or if you want to make them help you pay for your child’s college education, you need to address this issue in your marital settlement agreement.

Drafting an Agreement

When addressing the issue of college payments in a marital settlement agreement, you must be clear and specific. For example, be clear and specific about where the payments will be made, when the payments will be made, and which party or if both parties are obligated to make payments. Also, in your marital settlement agreement, you need to specify details that are necessary to ensure that expenses such as transportation, housing, and books arising from your child attending college are covered. For example, will you require your child to work to cover a portion of the expenses? Will you and/or the other parent pay for your child’s expenses when they go to college? A qualified attorney can help you prepare an agreement that is clear, specific, and enforceable.

Contact an Orlando Child Support Lawyer

If you are going through a Florida divorce and have other child-support-related questions, contact the experienced Orlando child support attorneys at the Arwani Law Firm at 407-254-0060.

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.052.html

So can you get past due child support in Florida after your child turns 18? The general rule that child support payments cease when a child reaches the age of eighteen does not apply when payments are owed for any time before the child reaches that age. You have the right to collect overdue child support payments even after your child turns 18. Read on to learn more.

Child Support Obligations Can Continue Even After a Child Turns 18

The general rule is that child support ends when a child turns 18. However, Florida law provides certain exceptions. First, if a child has not graduated high school by the time they reach the age of 18, child support should continue until the child graduates or reach the age of 19. However, if a child is not on track to graduate before they turn 19, child support ends when they turn 18.

Second, child support can continue after age nineteen if a child has special needs and is incapable of becoming a self-supporting adult. In fact, in such a situation, child support can last for the life of the child.

How Long Can a Parent Collect Child Support Arrears?

In Florida, you have the right to collect child support arrears until all payments are made. Even after your child is all grown up, you have the right to pursue child support arrears from the other parent. However, it is crucial that you act fast. If you delay taking action, you may give the other parent a possible defense to any claim to arrears you make.

In Florida, you can even recover child support arrears after your child’s other parent dies. In the event your child’s other parent dies before making all child support payments, you can make a claim against their estate.

How Can I Collect Child Support Arrears in Florida?

If your child’s other parent has child support arrears, you need to obtain a signed Court Order. A Court Order will help you preserve your right to make a claim to arrears in the future if your child’s other parent is not in a position to make payments right now. Reach out to an attorney to receive help with this.

In regards to the collection efforts the Florida Department of Revenue uses to help parents get past due child support, the following are some of the efforts;

• Income withholding
• Placing a lien on personal property
• Sending notices of late payment
• Notifying credit agencies of child support arrears

Contact an Orlando Child Support Lawyer

If you need help recovering past due child support from your child’s other parent or with any other child support-related matter, contact an experienced Orlando child support attorney at the Arwani Law Firm.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.30.html

Can a Parent Be Asked To Pay For Private School After a Florida Divorce?

In Florida, there is no law that states a parent can or cannot be asked to pay for private school tuition after a divorce. Florida has guidelines that help the courts make decisions about child support payments. In some situations, a parent can be required to pay for a private school after their divorce. Usually, this happens if three factors are met.

First, for the court to order a parent to pay for a private school after a divorce, it must be demonstrated that the parent has the ability and means to pay for a private school. Secondly, it must be shown that private school attendance is in the child’s best interest. Lastly, it must be demonstrated that attending a private school is within the child’s and family’s customary standard of living.

Note: Sometimes, courts also consider whether parents had agreed that their child should attend a private school indefinitely or up to a certain age when deciding whether to order a parent to pay for a private school after a divorce.

Proving Private School Is in a Child’s Best Interest

As the parent who feels the other parent should pay for private school for your child, you may be wondering how you can prove that attending a private school is in your child’s best interest. First, you can prove that private school attendance is in your child’s best interest by showing that the school offers a superior education. You can also prove that attending a private school is in your child’s best interest if your child has been going to a private school where they have made friends with their classmates and schoolmates. Florida courts understand the importance of educational continuity and how difficult it can be for a child to start over in a new school, especially after witnessing their parents get divorced.

Legal Defenses a Parent Can Use

As mentioned, there are three main factors that need to be established before the court can order a parent to pay for a private school after a divorce. Therefore, all three factors can be used as legal defenses. A Florida court cannot order you to pay for a private school if you cannot afford to make the payments. Also, the court cannot order a parent to pay private school tuition if private school attendance is not in the child’s best interest or within the child’s and family’s customary standard of living.

Speak to an Orlando Child Support Lawyer

If you have a pending Florida divorce and are concerned about parental obligations to pay for a private school, the experienced Orlando child support attorneys at the Arwani Law Firm can advise you on your legal rights. Call us at 407-254-0060 to discuss your case.

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/0061PARTIContentsIndex.html