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Florida Child Support

In any action for dissolution of marriage, the court has the power to order either or both parents to pay support for a child. The amount of support will depend upon the needs of the child and the ability of the parties to pay. In considering the amount of support that the court should award, the judge will usually consider the age of the child, the earning ability of each of the parents, and the standard of living that the child would have enjoyed if the family had continued to live together, as well as the physical and emotional health of the child and each of the parents. The physical and emotional health of the child may affect the need that the child may have for special care or special schooling.

On October 1, 1989, the child support guidelines became mandatory upon the judiciary and if a judge deviates from these guidelines he or she must explain such deviation. The child support guidelines provide a formula for determining a reasonable amount of child support. It is based on the parents' incomes, the needs of the children and the number of minor children. If a parent is unemployed, or under employed, a court may assign or “impute” an income to that parent based on such things as prior employment, experience, and education.

The court also has the power to modify the amount of the support at any later time until the child reaches the age of eighteen. Such a change may take place if there is an involuntary, permanent and substantial change in circumstances of the parties, or if it is in the best interest of the child. A substantial change in the circumstances of the parties could include such things as a drastic increase or decrease in the salary of either of the parents or an increase in the child's financial needs because of medical problems. Additionally, the expenses for the child may increase simply because the child has become several years older.

As a part of child support, the court shall order a parent to maintain health insurance for the minor child when the insurance is reasonably available. Insurance is reasonably available if the parent who is to provide it can obtain insurance at a reasonable rate.

The court may also order a party who has an obligation to pay child support to purchase and maintain a life insurance policy or a bond. The purpose of the life insurance or bond is to be sure that the child is financially protected in the event that the paying parent were to die before the child reaches the age of eighteen.

Child support payments are to be paid through a central depository, unless otherwise requested by both parties and a court finds it in the best interests of the child/children to order otherwise. This requirement is beneficial to both parties because there is a clear record as to what payments have been paid and what payments have not been paid.

If the parent who is to pay support fails to make payment(s), the parent entitled to receive support can enforce the order by petitioning the court for enforcement. A good way to insure child support is paid is to obtain an income deduction order. Child support enforcement options include contempt of court, driver's license and motor vehicle registration suspension, withholding a refund due on a motor vehicle impact fee and withholding refunds on federal income taxes. Once all remedies have been exhausted professional licenses or certificates may be sought to be suspended or denied.

Because of the complicated procedures involved in a legal proceeding and the fact that the law is changing and evolving, it is very important to consult with Orlando Family Lawyer James Hart if you have a case pending in court.

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Law Offices of James W. Hart
809 Irma Avenue, Suite 3
Orlando, FL 32803

Phone: 407-839-4340
Fax: 407-386-7474

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