Modifications of Child Support and Time Sharing in Florida & Proof of Substantial and Permanent Change in Circumstances.
CHILD SUPPORT – ISSUES TO CONSIDER FOR CHILD SUPPORT ORDERS
In Florida, both parents have the responsibility to financially support your children. Child support is determined by the income percentages of each parent, using an income shares model, timesharing and the needs of the children. If deemed necessary or warranted, Florida family courts are allowed to set an amount for child support that is either five percent above or five percent below the guidelines amount. Child support payments can be either by direct payment (payee writes checks directly to parent receiving child support) or by IWO (income deduction order.) This means that the child support will be deducted from the payee’s paycheck on a scheduled basis. Medical and dental expenses should also be considered and it should be addressed and included in the final order.
When Does Child Support End in Florida
The parent’s obligation to pay child support generally ceases when the child reaches the age 18, gets married, is emancipated, joins the armed forces or dies. Past due child support can still be enforceable after the age of 18 and under certain circumstances, such as for special needs children or children with severe medical problems, child support can be ordered to be paid indefinitely.
Modifications of Child Support and Time Sharing
Remember, once the final order for child support or child custody (time sharing) is signed by a Florida family law judge, you must prove that there is a substantial and permanent change in circumstances in order to modify the final child support judgment. It is therefore important that certain issues are addressed and included in the final order for child support and time sharing.
Some of the issues concerning child support that must be considered include:
• The amount of the child support
• How the support will be paid (IWO or direct payments)
• How to ensure payments are made
• Daycare expenses if applicable and method of payment
• Child support end dates
• Dependency deduction specifications for tax purposes
Other questions may need to be answered, depending on the circumstances of your case. Guidelines for the amount of support apply to all cases and are based on the income of the parents and the number of children, with adjustments for substantial overnight contact or other applicable factors.
Some Issues concerning time sharing that must be considered:
Florida courts make custody and parenting orders that revolve around the children’s best interests – not parent’s. The Florida statutes has a list of factors that every Florida family judge must consider in a parenting case. Consideration of each factor is mandatory. Court orders normally specify facts supporting each factor. A final custody order will normally indicate in part or in full, which parent prevailed for each factor.
Tampa Bay Child Support & Custody Modification Attorneys
If you have a problem receiving your child support payments from the parent of your child, or if your court order for timesharing or parenting plan is not being followed and the payee is still getting credit for substantial overnight visits, you may wish to consult with a Tampa child custody and child support attorney.
Taking matters into your own hands by withholding time sharing from the payee is not permitted and can render you in contempt of court. Alternatively, not following your time sharing schedule or not paying your child support because you think it is unfair, may also land you back in court on a contempt lawsuit. It’s always best to seek the approval of the courts before wavering from the final judgment. If your child support case is being handled by the Department of Revenue and you just aren’t getting any relief, it may be time to hire a child support and custody lawyer in Tampa to help you fight for your parental rights and the rights of your children.
Nilo J Sanchez & Associates PA – Tampa family law attorneys representing clients in high conflict family law matters. To schedule a consultation with a Tampa Family Law Attorney to discuss a modification of child custody or time sharing and child support modification, call 813-879-4600 or message us below.
Family Law Attorney Services Serving Clients in the Following Tampa Bay Locations:
Experienced Tampa Family Law Attorney Nilo Sanchez Jr. also practices in the following surrounding areas: Carrollwood, Lutz, Wesley Chapel, Apollo Beach, Brandon Plant City and in St. Petersburg/Clearwater/Largo in Pinellas County, FL.
Mr. Sanchez has over 25 years of experience in Florida family law and divorce and represents clients in the following locations and jurisdictions.