Experienced Child Support & Alimony Lawyer in Fort Myers, FL

Child support cases tend to be emotional and confusing. In best case scenarios, both parents want what is best for the child/children. The problem is, many parents disagree on what is “best.” Luckily, we have the court as a third party to help decide and rule on specific regulations that should be set in place to make sure the child/children are taken care of to the best of both parents’ capabilities. To help you navigate these regulations and possible outcomes, Mellany Marquez-Kelly will be with you every step of the way. We will guide you through the process, so nothing comes as a shock, and you are fully prepared for what to expect in a child support case.

Child Support: Income Shares Model

At the heart of child support determination is the assessment of the ability of the parent with the majority of the time-sharing to pay for the child’s everyday needs. These necessities can specify a number of categories, such as education, food, clothing, health care, living quarters, and much more. The state of Florida follows the “Income Shares Model”. In summary, this means the courts estimate the amount each parent would spend on their child/children if the family were still living together in one household. This configured amount is then divided between the two parents, based on their respective incomes. The court will look at the incomes of both parents, as well as their liabilities and regular expenses, and make a fair decision based on all factors. While there are guidelines in place for how child support is calculated, it is not always cut and dry. There are many outside factors that go into the calculation, such as taxes, daycare expenses, medical expenses, etc., and this is why these child support cases tend to be confusing for those who are not well-versed in the process.

In Florida, after the decision has been made, either parent can choose to contest the determination of child support, but the judge rules on actual need and bases the decision on a mathematical formula. With these rules in effect, parents cannot simply decide what they wish to pay in Florida. Both parents are also required to contribute to the financial needs of the child/children.

Custodial and Non-Custodial Parents

While the two seem to be closely related, child support and visitation are completely separate from one another. It is a law that the parent required to pay child support makes the payments in a timely fashion and remains consistent. The parent receiving child support, however, should keep in mind that possible issues arising in the child support payments should not affect the visitation of the non-custodial parent. It is equally as important for the child to receive regular face-to-face time with both parents as it is for them to have necessary financial support for their daily living.

On the other hand, the parent paying the child support should remember they are doing so in order to take care of the child/children he or she shares with the custodial parent. The required child-support is by no means a form of punishment, but a necessary route taken for their child/children to live the lives they have grown used to while the family lived in one household.

Get started with a consultation today to discuss your child support case. Call us at (239) 374-3936 or contact us online.