Child Support, Modification & Custody

Child support is generally calculated by a mathematical formula based on each party's income and the number of children from the relationship.  The Court may deviate from the guidelines up to 5% without additional findings, but determining child support beyond that deviation requires findings of the court.  Those findings, of course, are relative to the financial situation of the parties and the needs of the children.  Perhaps, for instance, the parent with whom the children primarily reside is living in near poverty, even with the income provided under the guidelines.  Perhaps, the child has special needs.  Ultimately, the deciding factor is the best interests of the children and therefore, the judge has discretion to deviate further when a clear review of those circumstances is provided for on the record.  

Child support is modifiable when there is has been a substantial, unforeseen and permanent change in circumstances.   The determination is not a simple as one party losing a job or the other getting a promotion.  The likelihood of a successful modification is very fact specific and should be reviewed with an attorney prior to pursuing.  

A common issue today is the non-payment of court ordered child support.  Be clear that if child support is owed under a divorce or paternity final judgment or order, a willful failure to pay it is contempt of court.  There are several remedies allowable under Florida law and several means of collecting the funds owed.  Generally speaking, the non-paying spouse is obligated to pay the fees associated with collection of child support.  The obligated spouse's ability to pay is a critical factor.  It's fact specific and can cost the recipient spouse a considerable amount of money in court costs and legal fees if not approached correctly.  It is helpful to discuss a case of this nature with an attorney prior to pursuit through the court system.
 

For more information or for representation in child support matters, contact our firm today to speak with an attorney at (561) 472-0919.