Child Support

How is child support calculated?

Child support is a financial support from one parent to the other. Typically, child support is paid by the non-custodial parent to the custodial parent. However, under some circumstances, even if the parents share the child equally, one parent may be required to pay the other parent support if there is some disparity in income, as that determination is made under the Florida Child Support Guidelines.

What is child support?

In Florida, under the Florida Child Support Guidelines, child support is determined by looking at a number of factors. Some of those factors include, but are not limited to:

Income
Number of days with each parent
Daycare costs
Medical costs
Insurance costs

Is my child support obligation determined by my taxable income?

No. Income for the purposes of child support is not just limited to your taxable income or Adjusted Gross Income. For the purposes of determining child support, actual income is much broader and different from taxable income or a person’s Adjusted Gross Income. Income for child support calculations includes actual income, imputed income, or any combination thereof which fairly reflects a parent’s resources available for child support. Income can never be less than zero.

Since the child support guidelines include actual income, the Florida Child Support Guidelines take into account income from whatever source derived, subject to a few exclusions. Actual income can include the following:

Salaries, wages and tips
Commissions, bonuses, and earnings
Profits and dividends
Severance pay
Pensions
Periodic distributions from retirement plans
Draws or advances against earnings
Interest
Trust income
Annuities
Royalties
Alimony or spousal maintenance
Social Security benefits
Veteran's benefits
Worker's compensation benefits
Unemployment benefits
Disability benefits
Earned Income Credit
Other government payments and benefits
History of capital gains that exceed capital losses

Can I stop paying child support if my spouse won't let me see my child?

No. Your obligation to support your child is independent of whether or not you get to see your child. If your parental rights are terminated, in some instances, your obligation to pay support terminates.

How long does it take to get my child support?

That is a difficult question to answer and often varies on a case by case basis. At the Law Office of Omaida Delgado, P.A. we can file for temporary child support, so that you start getting the support you need as soon as possible. However, depending on where you file, whether the other parent challenges the support amount, and a number of other factors, child support could be established within a couple of months or it could take longer.

Can I modify my child support obligation?

Generally, child support can be modified at a later date. However, you need to meet certain criteria before your support can be modified. Criteria which constitute sufficient grounds for modifying child support include the following:

A substantial change in circumstances
The need to provide for the child’s health care needs
A change in overnights of the child

What qualifies as a “substantial change of circumstances” that would allow a child support modification?

A “substantial change of circumstances” includes but is not limited to the following:

A $50.00 increase or decrease in one parent’s income
The adoption, emancipation, or death of a child in households where more than one child are the subjects of the guideline calculation, if the existing order is not a per child amount
A permanent move of the child from one parent’s home to the other parent’s home that is in writing
A permanent move of the child from one parent’s home to the other parent’s home as ordered by a court
A permanent move of the child from one parent’s home to the other parent’s home that has continued for ninety (90) days prior to the review for child support
Developmental or special needs of a child that were not considered in the original order
Evidence that the original child support order was set without reference to the Child Support Guidelines

To learn more about our firm, staff or practice areas, contact us today by calling (305) 888-8896. We look forward to the opportunity to assist you with all your legal matters.