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FAMILY LAW/DIVORCE
1. How is CHILD
SUPPORT calculated?
Florida law requires
parents to pay child support, and in 1987, the Florida
Legislature enacted the child support guidelines for
determining the amount of child support the non-custodial
parent pays the custodial parent. The guidelines were enacted
to ensure uniformity with the Florida courts regarding awards
of child support. As a result of the child support guidelines,
child support issues are typically resolved between parties.
Child Support is calculated as follows:
A total child
support figure is found in the guidelines based upon the total
net monthly income of the parties and the number of minor
children. The statute is specific in defining what items are
included in the parties' gross income and the allowable
deductions to determine the parties’ net monthly income . The
non-custodial parent’s support obligation equals the total
support figure multiplied by the non-custodial parents’
percentage of the total income.
All payments
are made by income deduction order through the State of
Florida Disbursement Unit. It is taken right out of their
check. If a party does not work, the Court can impute minimum
wage to that party. That is, make that person pay child
support according to what a person who makes minimum wage
pays. The parties CANNOT agree that one party does not have to
pay support. They also CANNOT agree to pay less than
guidelines child support. Such an agreement requires Court
approval.
Child support
cannot be conditioned upon visitation with the children and
seeing the children cannot be conditioned upon receiving child
support. There can be no "money for kids" trade. Let the Court
reprimand the other party. If you withhold support or the
children, you may find yourself in trouble with the judge. If
the financial situation changes, the Court can modify the
amount of support after
the divorce if petitioned by either party. The
child support set by the legislature is expensive, especially
for people going through the financial crisis of a divorce.
Pay all of your bills on time and in full. However, remember
that credit cards cannot put you in jail for being late with
your payment, the judge can if you do not pay your support.
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