Orlando Child Support Attorneys
We represent people throughout the Orlando and Central Florida area in divorce and paternity cases with child support issues. If you are involved in a divorce or paternity case that has child support issues call us today to speak with an experienced Orlando child support attorney. At the Wilson Law Firm, we work to protect your interests and to assist you in resolving your situation in an effective and efficient manner.
Child support is calculated pursuant to Florida Statute 61.30, which uses a formula that primarily considers the income of both parents, child care costs, medical insurance and expenses, and the amount of time the child spends with each parent. In most cases the Court will apply the child support guideline amount as calculated, however, in some cases involving certain factors, the Court may adjust the guidelines amount. Some of the factors the Court can consider are listed below. If the Court is going to order payment of child support in an amount that varies more than 5 percent from the guidelines, it must make a written finding explaining why the guideline amount is unjust or inappropriate. For more information, speak with a Orlando child support attorney.
Factors the Court can Consider in Adjusting Child Support:
The following are some of the factors that may be considered by the Court in its decision to adjust the minimum child support amount:
1) Extraordinary medical, psychological, educational, or dental expenses.
2) Independent income of the child, not to include moneys received by the child from supplemental security income.
3) The payment of support for a parent which regularly has been paid and for which there is a demonstrated need.
4) Seasonal variations in one or both parents’ incomes or expenses.
5) The age of the child, taking into account the greater needs of older children.
6) Special needs, such as costs that may be associated with the disability of a child, that have traditionally been met within the family budget even though fulfilling those needs will cause the support to exceed the presumptive amount established by the guidelines.
7) Total available assets of the obligee, obligor, and the child.
8) The impact of the Internal Revenue Service Child & Dependent Care Tax Credit, Earned Income Tax Credit, and dependency exemption and waiver of that exemption. The court may order a parent to execute a waiver of the Internal Revenue Service dependency exemption if the paying parent is current in support payments.
9) An application of the child support guidelines schedule that requires a person to pay another person more than 55 percent of his or her gross income for a child support obligation for current support resulting from a single support order.
10) The particular parenting plan, such as where the child spends a significant amount of time, but less than 20 percent of the overnights, with one parent, thereby reducing the financial expenditures incurred by the other parent; or the refusal of a parent to become involved in the activities of the child.
11) Any other adjustment which is needed to achieve an equitable result which may include, but not be limited to, a reasonable and necessary existing expense or debt. Such expense or debt may include, but is not limited to, a reasonable and necessary expense or debt which the parties jointly incurred during the marriage.
For more information speak with a Orlando child support attorney.
Retroactive Child Support:
In an initial determination of child support in a divorce case or a petition for support during a marriage, the Court has discretion to award child support retroactive to the date when the parents did not reside together in the same household with the child. The Court can go back 24 months preceding the filing of the petition. For more information, speak with a Orlando child support attorney.
Modification of Child Support:
An existing order regarding child support is subject to modification if there is a substantial change in circumstances. The guidelines may provide a basis for proving a substantial change in circumstances. However, the difference between the existing monthly obligation and the amount provided for under the guidelines must be at least 15 percent or $50, whichever amount is greater, before the Court may find that the guidelines provide a substantial change in circumstances. For more information, speak with a Orlando child support attorney.
Parents Cannot Waive Child Support:
Child support is a right of the child and cannot be waived by the parents. In many divorce and paternity cases, parents enter into an agreement regarding child support that is contrary to Florida law. This part of the agreement is not binding upon the Court. In some cases, parents to their detriment concede on other issues in their divorce or paternity case believing that they will not have to pay child support as part of their deal. Speak with a Orlando child support attorney before you enter into any agreement regarding child support.
Experienced Orlando Child Support Attorney:
Our attorneys have handled thousands of cases during their legal careers. We understand the legal issues involved in child support, divorce and family law cases. Call us today for more information about our child support and our law firm.