When it comes to child support, there are many misconceptions and untruths circulating. When considering divorce, friends, family members, and colleagues often try to help by offering advice, sharing their own stories, or cautioning against pitfalls. Unfortunately, while your friends and family members may have good intentions, their advice is often incorrect and full of inaccuracies. That’s because every state has different laws regarding child support and the reality of divorce. If you are considering a divorce in Florida, it is important to understand the facts regarding child support, so you can separate fact from
This is absolutely not the case. In Florida, there are two types of divorce: legal and physical. Typically many couple share both legal custody and physical custody of their kids. Child support is not based solely on custody, but rather on two very separate things: the parents’ combined income and the amount of time the children will spend with each parent. The idea behind child support is to create a “standard of living” that is similar for the children in both households. There are some rare circumstances when a parent will not have to pay child support to the other parent.
This is one area of law that is governed strictly by Florida statutes. Florida uses a formula to calculate the amount of child support that is owned by one or both parents. There is no negotiation when it comes to child support, unlike other areas of the divorce settlement.
In a perfect world, child support payments would not change. However, there are circumstances that may result in having those payments altered, such as a major change in income or health issues. When this occurs, parents can request a modification of child support. In the event of a job loss, payments can even be deferred.
Not being able to afford child support payments isn’t a valid enough reason to stop paying child support. Unless you request a modification of your child support, you are obligated to pay. If you fail to do so, your child support payments could be automatically withheld from your paycheck or your state and federal tax returns.
Child support payments are not viewed as income in the state of Florida. As such, receiving parents do not have to declare them as income. The parent paying child support, however, is also not allowed to deduct them from their taxes. Laws are constantly changing, however, so
If you have concerns regarding child support or any family related dispute, the Coral Gables alimony lawyers at Estevez-Pazos Law Firm, P.A. are here to help you during this difficult time. We know that your children are important to you and divorce can cause parenting changes. As such, we work tirelessly to help you determine appropriate child support, as well as a parenting plan that works for you and your children. Call us immediately for your consultation at (305) 717-7130 or fill out our confidential contact form and someone will call you back.