Get Help Now From An Orlando Child Support Attorney Who Can Get You A Fair Result In Your Case
Anytime a Florida family law case involves children under the age of eighteen the case will at some point address the issue of child support. The lawmakers in Florida believed that every child has the right to be financially supported by both parents if at all possible. An experienced Orlando child support attorney can assist you in making sense of the confusion that goes along with child support guidelines, financial affidavits, income withholding orders and more. Child support in Florida is based largely on the net incomes of each parent, the amounts paid for child’s health insurance and daycare, and the total number of overnight visitations each parent has with the child. There are many opportunities throughout the case where an experienced Orlando child support attorney can work to get you and your family the best possible outcome with regard to child support. Items that will be involved in a child support case include: a financial affidavit, child support calculation worksheet, and compliance by both sides with mandatory financial disclosure.
What About Modification of Child Support?
There are several reasons to modify child support orders. If the child support order is not scheduled to terminate within 6 months and there is a substantial change in circumstances (i.e. more overnight time-sharing, increase in income for person receiving support or decrease in income for person paying support) or if the support amount has not been reviewed in three (3) years since the entry of the Final Judgment or entry of last order addressing support then it may be time to modify a child support order. If either parent’s income has increased or decreased the change in child support amount must be either 15% or $50.00 whichever is greater.
With the enactment of the new child support statutes in 2011 it changed the formula for which child support is calculated. Under the old guidelines the paying parent was required to exercise at least 146 overnights a year. Now, the paying parent is only required to exercise 73 overnights a year. Most child support orders entered prior to 2011 exercise at least 73 overnights a year with every other weekend and half the summer time-sharing provisions. However, you must have a substantial change in circumstances or not had a review of the child support for three (3) years to file to modify child support. The new statute expressly states that a parent paying child support cannot seek a modification solely based on the statutory change in overnights allowing a reduction in child support.
When calculating child support other needs of the child are addressed including 100% of child care costs and 100% of health insurance costs for the benefit of the minor child. Additionally, credits are given to the parent directly paying these costs. If either parent either reduces these costs or there is a need to increase these costs there is a substantial change in circumstance.
Substantial change in circumstances goes both ways for either parent. Here are some common substantial changes in circumstance:
- Decrease in income for parent paying support (must be involuntary loss of job or income)
- Increase in income for parent receiving support
- Need of child decreased (child is school age and does not require full time child care)
- Disability of either parent
- Prolonged illness
- If the parent paying support becomes the majority time-sharing parent
How Can We Resolve Your Child Support Case?
Often, the child support case can resolve sooner than other family law cases if and when all the financial discovery has been completed and the parties involved in the case agree that based on the discovery the guideline support calculations will decide the case without any further back and forth between the parties involved. Your attorney can then prepare the case for finalization and obtain a final order from the court. If, however, one or both of the parties does not agree that the guideline amount will determine the final result then both sides should set the matter for trial and present all the facts to the court for a judicial decision on the case. At trial, your attorney can present the facts to the court in a light most favorable to your position on the case. Florida child support cases are very complicated and you should always consult an experienced Orlando child support attorney. Call our office today to schedule a free consultation to discuss your case. 407-930-8060 Here Sean Smallwood discusses an issue that comes up very often in child support cases where the parties wish to agree on child support figures.
Sean Smallwood, ESQ., Is An Experienced Child Support Attorney And Can Help You Through The Confusion
If you are going through a child support case in Orlando you will need an attorney who understands how to address your specific needs since not all child support cases need to be handled the same. Whether it is a Department of Revenue case, a support order stemming from a divorce or other type of custody case, or a child support order that needs enforcement or modification, Smallwood, P.A. can help.
Department of Revenue child support cases usually come about when one of the parents is receiving state benefits on behalf of the child in the case. The state will go after the other parent for support in order to get back some of the costs given to the child in the form of state aid such as Medicaid, food stamps, or cash assistance. These types of support cases are different from spousal support and rarely stem from dissolutions of marriage.
Most of the time in these types of cases, the parent paying support has not had their parental rights established and are paying support and are not permitted to even have visitation with the child. Sean Smallwood has written many very insightful articles on this issue which are available to read on our blog. When this child custody element is present the parent paying the support will often be advised to file a legal paternity case to have their rights given to them by the court. For unmarried parents this is the best way to get visitation which may also have a substantial impact on child support payments.
Call our office today for a free consultation with an Orlando attorney to discuss your child support case.
“Every attorney’s main goal should be to strategically work the case up in a way to maximize the chances of getting a favorable settlement for the client.”
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