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Miami Child Support Lawyer

Miami Child Support Attorneys Dedicated to Your Child's Best Interests

If you are a parent of a minor child, you and the child's other parent have a financial obligation and moral duty to support that child. Child support is a court-ordered obligation for parents to provide financial support for a child's maintenance, education, and upbringing in a case in which the child's parents are divorcing or no longer living with the child.

In most arrangements in which one parent has majority custody, the non-majority parent will owe child support to the majority parent. Child support issues may also arise when one parent has a higher income than the other. Nearly every child custody case in Florida will involve one parent paying child support.

Speak with an experienced and knowledgeable Florida child support attorney at Miami Family Law Group, PLLC to discuss how these factors may affect child support in your divorce case.

How Is Child Support Calculated in Florida?

In Florida, the court uses an "Income Shares Model" to determine child support, which estimates the amount of money a parent would have spent on a child's maintenance and care if both parents lived together.

The court looks at all of the following factors to determine child support:

  • The income levels of the parents
  • The number of minor children shared by the parents
  • The timesharing responsibilities of the parents
  • The costs to provide for the child's basic needs
  • The child's healthcare costs over a designated period
  • The cost of any childcare provider

Our child support lawyer in Miami can help you address questions or issues involving child support in Florida. Contact us today to schedule a strategy session with our experienced child support attorney in Miami.

What Happens When a Parent Willfully Fails to Pay Child Support?

When the court orders a parent to make child support payments, those payments are their legal responsibility. The court may allow a reduction or pause in child support payments for a period of time due to the loss of a job, but it is the parent's responsibility to report the job loss immediately. However, if a parent has the money to pay child support and chooses not to pay it, they can be found in contempt of court.

A parent can receive the following penalties for willfully failing to pay child support:

  • Suspension of driver's license
  • Fines
  • Income withholding
  • Bank account seizure
  • Income tax refund seizure
  • Jail or prison time

What Should You Do if Your Child's Other Parent Fails to Make Child Support Payments?

If your child's other parent is refusing to make court-ordered child support payments, you may be tempted to let the issue slide to avoid conflict. However, your child's parent may be in contempt of court, which is a serious legal matter. Further, without these support payments, you may be unable to provide your child with the appropriate care.

Reporting the other parent's missing payments is essential to ensure that you receive child support payments in the future. With the help of a Miami child support lawyer, you can file a motion for civil contempt in court and enforce your child support order.

Once you file these papers, the Miami child support attorney will serve the child's other parent, informing them (through their counsel) that they need to set up payment arrangements or go to a hearing. These documents will also notify them regarding the penalties they may face for failing to follow the court-ordered direction.

Does a Parent Need to Pay Past Due Child Support?

If your child's parent has willfully missed child support payments, they will need to pay their overdue amount. The court will dictate that they are "in arrears" until they have paid these overdue support payments.

If the parent's income has fallen since the initial child support order, they can ask the judge for a reduction of child support payments. However, this reduction will only reduce future payments. They will still need to pay overdue payments in full.

Why Hire a Child Support Attorney in Miami?

Child support is a serious issue that can impact your child's quality of life and upbringing. It is important to involve a knowledgeable Miami child support lawyer to ensure child support terms are fair and appropriate for all parties involved.

If you are currently going through a divorce, your child support attorney in Miami can help you seek child support from the other parent. Alternatively, if the court has ordered you to pay child support, your attorney can help you pursue a manageable payment amount.

Navigating child support can be confusing and stressful, but an experienced child support lawyer can ease the process significantly. Contact our child support attorney team at Miami Family Law Group, PLLC to schedule a strategy session, and we can discuss a plan to approach the issues involving child support in your unique case.

Child Support FAQs

Q

What Forms of Income Are Considered When Calculating Child Support?

Answer: The calculation considers all sources of income from both parents. This includes wages, bonuses, commissions, rental income, pension or retirement benefits, and even certain government benefits. However, income sources like child support received for children from previous relationships or SSDI (Social Security Disability Insurance) are usually not included. Basing child support on the income and financial resources available to both parents ensures that children's ongoing needs will be met until they reach adulthood.

Q

Are There Any Deductions From Income When Calculating Child Support?

Answer: Yes, certain deductions can be applied before calculating the child support obligation. These deductions can include taxes (federal income tax and state income tax, if applicable), health insurance premiums for the child, and other mandatory payments. Additionally, if a parent is responsible for supporting other dependents, those obligations can be deducted from their income when performing child support calculations. By deducting applicable expenses, child support can be calculated correctly based on the income and financial resources that are available to provide for a child's needs.

Q

Is Child Support the Same for Every Family in Florida?

Answer: No, child support amounts vary based on the specific circumstances of each family. Factors such as each parent's income, the number of children, and the actual time children spend with each parent can all influence the final support amount. The Florida Child Support Guidelines provide a formula, but judges have the discretion to deviate from these guidelines based on special circumstances. Ultimately, the goal of child support is to ensure that children's ongoing needs will be met and that their best interests will be protected.

Q

What if a Parent Believes the Child Support Amount Is Too High or Too Low?

Answer: A parent can request a review of their child support order if they believe it is incorrect. The parent may file a motion to modify child support in court, and they will typically need to demonstrate that there has been a significant change in circumstances. These changes may include a job loss, an increase in income, a change in childcare costs, or changes in time-sharing arrangements. Modifications can ensure that an appropriate amount of child support will be paid to provide for children's ongoing needs while preventing a parent from experiencing financial difficulties.

Q

What Role Does Child Support Play in Custody Cases?

Answer: Child support and custody are separate legal issues, but they can intersect. The parent who has primary physical custody will typically receive child support from the non-custodial parent. The time each parent will spend with the child may play a role in child support calculations. Decisions about both child support and child custody will be based on what is in the child's best interest.

Q

Can Child Support Orders Cover Extraordinary Expenses?

Answer: Yes, child support orders can include provisions for expenses such as medical costs, educational expenses, or extracurricular activities. Parents can request that these expenses be considered when calculating or modifying support amounts, ensuring that the child's needs will be fully met. Sharing various expenses can help parents alleviate some of their financial burdens while providing the child with what they need to grow and develop successfully.

Q

How Can I Ensure That My Child Support Order Is Fair?

Answer: To ensure a fair child support order, both parents should disclose their financial situations completely and accurately. Our family law attorneys can guide you through the calculation process, help you understand your rights and responsibilities, and ensure that all relevant factors are considered. We will advocate for solutions that will provide for your child's needs while protecting your financial interests.

Q

How Long Does Child Support Last in Florida?

Answer: In Florida, child support typically lasts until the child reaches the age of 18. However, if the child is still dependent (such as attending high school), support may continue until they graduate or turn 19 - whichever comes first. Child support can continue beyond this age in cases where a child has disabilities or special needs. While Florida law does not require parents to contribute to their children's college expenses, they may agree to do so as part of a divorce settlement or child custody agreement.

Contact Our Miami, FL Child Support Attorneys

Our experienced child support lawyers in Miami, Florida can help you establish child support orders or take action when your child's parent fails to make child support payments. Contact Miami Family Law Group, PLLC today at 305-520-7874 to schedule a strategy session with our team of Miami family attorneys.

Contact Miami Family Law Group, PLLC

Our attorneys are ready to help address your legal needs. Schedule an appointment by calling 305-520-7874 or contacting us online.

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