Orlando Child Support Attorney

Helping Parents Resolve Complex Child Support Issues

Every parent knows that raising a child is expensive. It’s one of the most significant expenses you’ll face over your lifetime. When a child’s parents divorce, it can be more challenging to continue to support children on a single income. Child support is a way of ensuring that both parents contribute to the financial support of their child or children. Child support is one of the most contentious and misunderstood topics in family law. Ensuring you have legal representation for these issues could not be more critical.

Child support can have a significant impact on your finances, whether you are the party paying or receiving support. Knowing how to calculate your expected child support amount and how long child support lasts can help you plan for the future. Get your child support questions answered when you call The Law Office of Erin Morse.

Florida’s Child Support Guidelines

Florida’s child support laws revolve around a structured guideline that dictates the amount of financial support a noncustodial parent pays. Found in Florida Statute §61.30, these guidelines consider both parents’ net incomes, the number of children involved, and costs like health insurance or daycare.

The court may start with a base guideline amount, then factor in each parent’s percentage of combined income and the child’s individual needs. Adjustments for shared parenting arrangements, additional medical expenses, or special schooling costs can arise. Ultimately, the court’s goal is to ensure that children maintain a standard of living comparable to what they might have experienced if their parents lived together.

When Is Child Support Ordered?

Child support can be ordered anytime a child’s parents are no longer living together and supporting the child together. Child support is a factor in any divorce or legal separation. It will be automatically included as a term of the divorce, but the parents could agree to no child support. The judge must also agree, and the decision will depend on whether they believe no child support payments will support the best interests of the children.

Child support can also be ordered when parents are unmarried. This is common if the parents break up or after paternity has been established as part of a custody case. In these situations, it can take longer for child support to be determined, and start being paid because the courts first have to determine paternity and custody before child support can be factored in.

How Is Child Support Calculated in Florida?

Every state has a different way of calculating child support. In Florida, child support is based on a formula that takes into consideration both parents’ incomes and how much it costs to support a child in this state. The general child support formula is to add both parents’ gross incomes together. This amount is then compared to a chart that states how much it costs to raise a child on that level of income. In general, the higher the combined income, the more it costs to raise the child due to the standard of living.

The amount on the chat is then split between the parents according to their percentage of the total income. For example, if parent A makes $40,000, parent B makes $60,000, and the cost to support the child is $10,000, parent A would be responsible for $4,000 and parent B would be responsible for $6,000. This amount is then divided into monthly child support payments.

Parental Income and Child Support Obligations

Determining each parent’s net income is integral to calculating the correct support amount. Income typically includes wages, salaries, commissions, self-employment earnings, and sometimes bonuses or gratuities. Courts will also consider any spousal support from a previous marriage, investment returns, and other recurring sources of funds.

Deductions for federal and state taxes, Social Security contributions, and health insurance premiums are subtracted to determine net earnings. If a parent is suspected of hiding or underreporting income, the court can impute income based on their capacity to earn, examining factors such as job history or educational background. This ensures fair calculations that accurately reflect both parents’ financial realities.

Is a Paternity Test Necessary for Child Support?

Paternity has to be established for child support to be awarded, but this doesn’t always require a paternity test. For example, any children born during the marriage are assumed to be the husband’s biological children. If a child is born outside marriage, there are a few different potential scenarios.

If the father is claiming paternity, both parents can fill out a document called an Acknowledgement of Paternity. This is different from a birth certificate — which is not enough to legally establish paternity. If this document is filed, no paternity test is needed to establish child support. Without a marriage or an Acknowledgement of Paternity, the courts are likely to require a paternity test before establishing custody or child support.

Child Support and Tax Implications

For federal income tax purposes, child support payments are neither deductible for the paying parent nor considered taxable income for the recipient. This differs from some forms of alimony, which can have distinct tax treatments. However, the paying parent may sometimes claim the child as a dependent if they meet specific Internal Revenue Service guidelines or if both parents agree to alternate claiming the child in different tax years. Parents must keep accurate documentation of all payments to avoid confusion or disputes with the IRS. Consulting a tax professional can clarify issues such as head-of-household status or the child tax credit.

Can Child Support Be Avoided With Shared Parenting?

Many parents believe that having shared parenting is a way to avoid paying for child support. The thought process behind this makes sense. If both parents spend roughly equal time with the children, they are also probably spending roughly equal money supporting them. However, the courts don’t necessarily see it that way. While both parties can agree not to pay and receive child support, shared parenting doesn’t guarantee that child support won’t be a factor.

Termination of Child Support Obligations

Child support generally continues until a child reaches 18 years of age or graduates from high school, provided the child will turn 18 before reaching 19 years old. However, if a child has special needs or disabilities that extend their dependency, support might last longer. In Florida, an existing order may outline circumstances that trigger automatic termination, such as the child’s marriage or entry into the military. Suppose parents believe support should end earlier or continue beyond the usual termination date. In that case, they must seek the court’s approval by filing a petition. Terminating obligations without a clear court directive can lead to legal complications, including potential arrears for nonpayment.

Consequences of Failing to Pay Child Support

Nonpayment can lead to escalating legal and financial repercussions. A parent who disregards a valid child support order risks contempt proceedings, potentially resulting in fines or, in extreme situations, jail time. The court can also place liens on personal or real property, preventing the parent from refinancing or selling those assets without satisfying the debt.

Negative credit reporting and increased interest on arrears further compound the financial strain. Beyond legal penalties, noncompliance can damage a parent’s relationship with their child, as unpaid support signals a lack of commitment to the child’s welfare. Florida’s stringent enforcement methods reflect the state’s determination to uphold the child’s right to consistent financial stability.

Addressing Overdue Child Support Payments

Overdue payments, referred to as arrears, can accrue interest over time. Once a parent misses payments, the Florida Department of Revenue or the custodial parent may file a motion to address the past-due amount. Options for collecting arrears include automatic wage deductions, license suspensions, or garnishing financial accounts. Even a parent’s federal tax refund may be seized to cover the overdue balance. Courts usually require the delinquent parent to catch up on arrears while continuing regular payments to avoid further penalties. Sometimes, the parties enter into a repayment plan that spreads out the overdue amount. However, the court must approve any changes to the original obligation if it involves reducing past-due debt.

When Can Child Support Orders Be Modified?

Child support orders can be modified when deemed to be in the children’s best interests and after there has been a significant change in financial circumstances for either parent. For example, if one parent loses their job or is incarcerated, it makes sense that the child support amount may have to be lowered based on lack of income. However, you can’t just quit your job to get out of paying for child support. In this case, the courts can impute income based on your earning potential.

Child support orders are regularly reviewed every few years in Florida, although one or both parents may have to request a review to ensure the support amount still reflects the children’s needs. For example, if child support was based on one parent paying for daycare, but the child is now in public school, child support payments could be reduced.

Child Support FAQ

Can child support arrears be forgiven in Florida?

Florida does not generally forgive child support arrears, as they reflect a debt owed to the child. Courts may allow a repayment schedule that extends over time, but the overall balance typically remains. In some cases, the Department of Revenue can waive or reduce interest, but only if it believes doing so serves the child’s best interests.

What happens to child support if a parent moves states?

The obligation to support a child remains in effect, regardless of a parent’s location. Under UIFSA (Uniform Interstate Family Support Act), an existing Florida order continues to apply, and other states must enforce it. The recipient can register the Florida order in the new state, and local child support agencies can take steps such as wage garnishment or tax refund intercept to collect.

How are bonuses and commissions treated in child support?

Bonuses, commissions, and other performance-based earnings usually count toward a parent’s gross income. Courts incorporate these amounts into the child support calculation by reviewing pay stubs, employer statements, or income records over multiple months. If the parent’s bonus structure is unpredictable, judges can average the amount over a suitable time frame.

Does bankruptcy discharge child support?

No. Bankruptcy law categorizes child support as a domestic support obligation, which is non-dischargeable. Even if a parent files for Chapter 7 or Chapter 13 bankruptcy, child support arrears remain an enforceable debt. Courts can still order wage garnishments or other penalties for failure to pay, regardless of any active bankruptcy proceedings.

Consult an Experienced Child Support Attorney in Orlando

If you’re dealing with child support after a divorce or relationship breakup, talking with a family law attorney can help you understand what to expect and how it could affect your financial health. At The Law Office of Erin Morse, we represent you whether you’re fighting to enforce a child support order or need to request a modification because of a change in financial circumstances.

Call 407-900-7451 to speak with a member of our team who can tell you more about how our firm works and how we can help.