About Child Support
Child support is one of the important matters involved in an ongoing divorce case. It is defined as the payment given by one of the divorcing spouses to the other to fund the child’s needs.
Child support payment is very beneficial to the recipient kids as it helps pay for education, medical bills and health care, food, shelter, and other necessities. This financial payment usually lasts until the child comes of legal age (18 years), but may be extended if some needs still need to be addressed, such as a medical disability.
Child support is meant to look after the kid’s welfare even after the parents have been legally separated, which is why Florida law mandates it. When a couple has minor children, it is a given right for these children to be entitled to receive child support.
Like financial matters in a divorce, this field also follows certain guidelines for the calculation of the amount to be paid. The parents’ sources of income, compensation, assets, and taxes—among other considerations—are evaluated before calculating child support. The parents need to prioritize their child’s needs and feelings above their own so that they can calmly discuss this matter, thereby avoiding instances of disagreements which will only make the problem harder to resolve.
After a divorce, there might come to a point when the support received is no longer adequate to pay for the child’s necessities. In this case, a child support modification claim can be filed. The court will determine if the said claim is viable based on several factors, which include income increase, medical conditions, and changes in the child’s needs.
Child Support FAQ
Got some questions about child support? Here are some answers from Florida’s Office of the State Courts Administrator.
Failing to address child-support obligations when a child’s placement changes can create serious complications. When a court shifts the majority of timesharing from one parent to the other, the ideal outcome is for the court to end the former payor’s support obligation (except for arrears) and enter a new child-support order in favor of the parent who now has the majority of timesharing. Absent a court order, a parent generally has no legal duty to pay support to the other parent; however, once the support issue is corrected, the obligated parent may be required to repay any established arrearages.
If a child is placed with a non-parent custodian (for example, in a dependency proceeding), both parents should be ordered to pay their appropriate shares of child support to that custodian. If the child was placed with one parent at the time of such a change in placement, the parent who was the prior recipient of child support should be ordered to pay support to the new custodian. The former payor parent’s child support obligation should be recalculated and modified as needed, and support payments redirected to the new custodian. Section 409.2564(12)(a), Florida Statutes, provides an expedited procedure for the Department of Revenue to redirect child-support payments from one payee to another.
The child support order entered in the dissolution proceeding is controlling. The court should also reconcile the two accounts in the resulting order.
Yes. A dependency court possesses jurisdiction over all child support matters, including authority to suspend or modify child support obligations consistent with its placement of the child.
(For guidance on promising practices in calculating and administering child support in dependency cases, see the Dependency Benchbook.)
It is unlikely that a court would suspend child support payments while a child is committed to a Department of Juvenile Justice facility. However, Florida has not resolved the issue by statute or binding case law. Jurisdictions that have addressed this question tend to permit a modification of support during the period of commitment but rarely authorize a complete suspension of child support.
If you have more questions about child support in Florida, it’s best to schedule a consultation with an experienced family law attorney like Atty. Mellany Marquez-Kelly.
Child Support Lawyer in Cape Coral
Child support is a matter that needs careful thought and expert advice, and Atty. Mellany Marquez-Kelly can aid you in this regard. She is a member of the Florida Bar Association and the United States District Court, specializing in family law and real estate law, among others. Atty. Marquez-Kelly has been representing clients and helping them resolve their family law issues. She founded Mellany Marquez-Kelly in 2013 to reach out and help more residents in Southwest Florida. Atty. Mellany Marquez-Kelly will guide you through this complex process and guard your interest and that of your children.
For a family law attorney in Fort Myers and Cape Coral, Florida, contact Mellany Marquez-Kelly today at 239-214-0403.
