Our Miami Child Support Lawyer Discusses Child Support Laws
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.
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.
Our experienced child support lawyers in Miami Florida can help you take action when your child’s parent fails to make child support payments. Contact Miami Family Law Group, PLLC today to schedule a strategy session with our team of Miami family attorneys.
