Divorce is difficult – add kids to the mix, and you have enough pressure for an emotional hurricane. During separation, or even post-divorce, your ex-spouse may refuse child support payment in anger, which can add to the stress.
A divorce attorney can offer much needed “disaster relief.” Find out what actions you can take to ensure you and your children receive adequate support under Florida state law.
Florida Child Support Guidelines
Florida child support guidelines fall under Title VI, statute 61.30. The provisions for support include support amounts, as well as retroactive claims.
While both parents are responsible for financially supporting dependent children, it is the non-custodial parent – or the parent with partial custody – who must pay the custodial, “full-time” parent. In many cases, the custodial parent is the mother; however, the 2008 Parenting Bill has paved a strong path for paternal custody or shared parenting.
The amount of child support paid by the non-custodial parent varies depending on the number of children and the non-custodial parent’s income. Amounts may be as low as 5 percent for one child or over 7.5 percent for two or more kids. The percentage paid is related to annual gross salary or hourly income, as well as tips, bonuses, or benefits. Undue parental hardship is also considered under Florida law.
Taking Action During a Divorce
The process of establishing divorce terms also opens the gates for a child support agreement and custody arrangements. A divorce attorney can bundle these provisions into an overall settlement, which eliminates the time, money, and stress associated with follow-up proceedings.
If your children are already living with you during the separation, then you may have a strong case in becoming the residential or custodial parent who receives child support.
It’s important to note that child support is unrelated to any visitation or custody agreements. Even if the parent is no longer involved in the child’s life, he or she may still be required to pay.
Settling on a Child Support Agreement
Even if you didn’t establish a child support agreement during your divorce or you were never married to your child’s mother or father, you may still be eligible for child care support.
The first step in securing rightful child support is contacting a family law or divorce attorney. Lawyers can help map the best course of action despite the intimidating battlegrounds of separation or divorce.
Through mediation or trial, you and your ex-spouse can settle on a child support agreement that includes, but is not limited to, payment amounts and transaction terms (such as methods of payment). Depending on funding received during separation or post-divorce, you and your children may also be entitled to retroactive child support.
Contact The Law Office of Dean G. Tsourakis today to schedule your free consultation and to learn more about your child support options.
on Jul 8, 2014