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Obtain Professional Legal Assistance In Child Support Matters
As parents, we understand the complex and emotional aspects surrounding child support matters. At Capizzi Legal, our compassionate child support attorneys in Miami-Dade and Broward County are ready to provide legal assistance as you navigate this issue.
We are committed to protecting your parental rights while ensuring that your child’s best interests remain at the forefront. Our goal is to facilitate fair child support arrangements during or after divorce proceedings.
What is Child Support?
According to the State of Florida, every child is entitled to a healthy life in which all of their basic needs are fully met.
When parents separate prior to divorce, they both remain responsible for supporting the minor child. This is also true for unmarried couples who have a child together. Child support is comprised of court-mandated payments from one parent or custodian to another parent or custodian for the purpose of ensuring the fulfillment of financial support for a child or multiple children. Through the payment of child support, a Florida court of law ensures that the child has everything that he or she needs to adequately develop and succeed in life. Unfortunately, many times, a spouse refuses to pay the appropriate amount or a spouse demands much more than is fair and required. Oftentimes, a temporary support order can be obtained that requires the appropriate amount of support be paid while the divorce is being finalized.
The payments are intended to cover a wide range of child-related needs, which include but are not limited to housing, clothing, food, education, and health insurance. Child-related expenses may also include daycare and extra-curricular activities.
Pursuant to Florida Child Support Guidelines Laws, both parents’ incomes, work related daycare expenses and health insurance costs for the child are factored in the formula to determine the appropriate amount of child support. In addition, the amount of time-sharing that both parents have is typically factored into the child support calculations.
How Is Child Support Determined in Florida?
Both parents are legally required to contribute financially to meet their children’s needs, taking into account their individual incomes and assets. In cases of divorce or when parents are not married, Florida courts aim to ensure that children receive sufficient financial support through court-mandated child support payments.
Our legal team is prepared to assist you with:
- Establishing an initial child support order
- Modifying an existing order due to changes in financial situations.
- Enforcing a child support order if the other parent fails to meet their financial obligations.
- Contesting excessive or unjust child support requirements.
Initially, it is essential to evaluate your specific family dynamics and financial conditions. This process involves collecting necessary documentation such as pay stubs, tax returns, and child care expenses. Our attorneys will analyze all pertinent information to achieve equitable child support arrangements.
During the process of determining and calculating child support, the courts consider varying sources of income within a household, the earnings that each spouse makes, and the manner in which such funds are spent. The courts also consider any deductions and exclusions, such as taxes, mandatory union dues, retirement payments, as well as the following factors.
- Workers’ compensation
- Unemployment
- Social security benefits
- Spousal support
- Salary or wages
- Bonuses
- Business income
- Disability benefits
Florida law provides guidelines with which the courts determine the monetary amount of support to be paid. Once these guidelines have been applied to a case, a judge will determine how the funds will be distributed in order to provide the child with financial security and stability. Amounts of child support may vary based on specific financial circumstances.
Who Pays For Child Support?
Either parent can pay child support to the other parent. It all depends on the specific circumstances evaluated by the court. Judges strive to guarantee that the financial needs of the child are adequately addressed while taking into account the financial conditions of both parents, which encompass their incomes, assets, liabilities, and expenditures. Time-sharing is also a contributing factor on how much child support one parent may have to pay to the other.
Is Child Support Modifiable?
In case of a material and substantial change in circumstances, such as changes in income, a parent may petition to modify an existing child support order. Capizzi Legal can assist parents with their modification of child support by filing the necessary supplemental petitions and advocating on their behalf to prove why a modification is warranted.
Further, we can assist with child support calculations that are based on other sources of income such as:
- Calculation of child support based on self-employment.
- Calculation of child support based on seasonal income.
- Calculation of child support based on imputing income to voluntarily unemployed parties
- High costs due to a child’s illness, disability or physical impairment.
- High-income parent child support issues.
- Child support deviations.
Does Child Custody Affect Child Support?
In Florida, child custody and visitation agreements are frequently accompanied by child support orders. In cases where one parent or guardian is granted sole physical or legal custody, the noncustodial parent is generally obligated to make regular payments to the custodial parent. If the parents have joint custody, the support responsibilities are assessed based on the financial income of each parent and the proportion of overnight time the child spends with each parent, along with other relevant considerations.
What Happens If I can’t Pay Child Support?
In a divorce or paternity action one of the two parents will likely be required to pay child support. Once child support is court ordered, parents are legally obligated to make timely and consistent payments. Should parents fail to submit appropriate child support payments as deemed by the child support order, there may be significant legal consequences. The noncustodial parent may be required to pay excessive fines, may lose a driver’s license, or even serve jail time.
How Does The Department of Revenue (DOR) Pertain to Child Support?
If a noncustodial parent is failing to fulfill child support order obligations, the DOR will assist by enforcing the child support order. The DOR initiates the enforcement by contacting the obligor (the parent ordered to pay child support) and attempting to obtain payment of the amounts owed to the obligee (the parent awaiting payment). Alternatively, if initial attempts to garnish the child support payment(s) are not successful, the DOR holds legal ability to take much more aggressive action.
What Are Title IV Cases?
Title IV pertains to the varying types of Florida child support cases. Each particular case will be categorized into one of the below case-types. Title IV cases include:
- Title IV-D: the obligee requires assistance from the DOR in locating the obligor, establishing paternity and/or enforcing a child support order.
- Title IV-A: the custodial parent receives public assistance and benefits from the state of Florida. Therefore, the state seeks to collect support directly from the non-custodial parent.
- Title IV-E: in this case-type, the child(ren) are under the care of a relative or the foster care system. The DOR enforces and collects support orders that may be entered against the biological parents.
- Non-Title IV-D: the obligee is receiving direct support from the obligor without assistance from the DOR.
How Does The DOR Enforce An Out-Of-State Child Support Order?
A Title IV-D case requires the cooperation of states in the event that the obligor has moved across state lines from the state or county in which the child support order was initiated. Once the location and/or residence of the noncustodial parents is verified, the DOR works directly with the relative state or county to contact the obligor and enforce the child support order.
In the event that the child support order was initiated in a state other than Florida, the obligee has the option to register the child support order in Florida to obtain DOR assistance. Note that before the support order can be registered, a hearing will be conducted in a Florida court which provides the obligor with the opportunity to oppose registration of the child support order.
How Does The DOR Collect Child Support?
The DOR begins enforcement with normal measures in an attempt to coerce the obligor into paying owed support to the obligee. If a notice informing the obligor of past-due child support amounts fails to yield results, the DOR will further intervene.
Typically, a Title IV-D order is accompanied by an order for the obligor’s employer to withhold income of the obligor. An income withholding order directs the employer to deduct the owed child support funds from the obligor’s earnings for submittal to the DOR. Then, the DOR delivers payment to the obligee. Alternatively, if the obligor is self-employed or holds non-traditional employment, then the obligor is ordered to submit child support payments to the DOR. The DOR then delivers payment to the obligee.
If the above methods of enforcing payment are not fruitful, the DOR resorts to more extreme measures, such as the following:
- Scheduling a meeting between the DOR and obligor
- Suspending licenses, such as the obligor’s driving, business, hunting or fishing license
- Denying passport renewal
- Intercept federal or state income tax refunds
- Deducting payments from state benefits, such as Workers’ Compensation
- Garnishing bank accounts
- Intercept Florida lottery winnings above $600
- Placing a lien on any motor vehicle(s) and/or boat(s) that the obligor owns
- Reporting the past-due payments on the obligor’s credit reports
- Filing a lawsuit against the obligor
How Can A Family Law Attorney Help?
It is important that you obtain advice from an experienced Florida child support lawyer early on. You need to know your rights and obligations from the outset to avoid problems in the future. Capizzi Legal has the experience and understanding to resolve your child support issue in a fair and reasonable manner. Please fill out our contact form or book a consultation by using our online calendar. Capizzi Legal, a new take on family law.