Florida law provides that both parents have a financial obligation to their children. The appropriate child support amount is determined by the use of a table which sets forth guidelines amounts. Both parties’ net income (after deductions for taxes and other allowable deductions) are used to calculate the total income available for child support purposes. Each party’s obligation is determined on a pro rata basis. Generally, the parent with whom the child or children spends more of the time will be the recipient of the child support amount. In cases where both parents spend a substantial or equal amount of time with their child or children, the calculation is altered to reflect this fact. Additional expenses such as the cost of health and dental insurance, extracurricular activities, daycare and camp expenses will also be addressed in the child support calculations. Where children have historically attended private school and it is within the parents’ abilities to continue to pay for private school, that may also form part of the total child support obligation. Clients also frequently inquire about how to address the cost of college education. Currently under Florida law, parents have no legal obligation to contribute to college expenses, or any expenses for that matter (absent special circumstances)which are incurred once their child or children reach the age of 18.
As stated above, child support can be modified; i.e., increased or decreased, upon the showing of a substantial, material, unanticipated, involuntary and permanent change of circumstances.
Experienced family law attorneys are crucial to handling the initial child support amount or modifying a child support obligation. Gordon and Carin are expert in negotiating child support payments, and if a parent falls behind in child support or stops paying, our lawyers can help enforce the child support obligation against the non paying parent.
