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NAVIGATING THE MAZE OF
CHILD SUPPORT AND ENFORCEMENT
BY AUDREY B. SCHNEIDERMAN, ESQ.
Some of the most confusing aspects of a
divorce are the issues that surround child support and the enforcement of child support
payments. What should be a straight-forward procedure, is often fraught with legalities,
which could leave a parent frustrated and unsure about the future. Some of the most common
questions surrounding child support and enforcement are:
Q: How is child support calculated in
Florida?
A: Florida has statutory guidelines that
determine how much child support should be paid. Specifically, Chapter 61 of the Florida
Statutes takes into account the number of children to be supported, the net monthly income
of both parents.
Q: How long does a child
support obligation last?
A: A parent is legally obligated until the
child’s 18th birthday, unless the child is still in high school,
performing in good faith, with a reasonable expectation of graduation before the age of
19, whereupon child support will continue until the earlier of: (a) The child’s
graduation from high school; or (b) The child’s nineteenth (19th)
birthday. If however, the child marries, dies, enlists and serves in the armed forces, or
is emancipated under the law prior to the age of 18, child support ceases.
Q: What if I suspect the
other parent is hiding money or purposely avoiding work to reduce income?
A: Florida has a remedy for that type of
behavior. If one parent suspects the other parent is hiding money or assets, or purposely
working less to reduce income, you can ask the court to impute income to that
parent. Imputing income means proving to the court that the other parent has the ability
to earn more money that he or she is reporting, therefore, they should be held accountable
for a greater child support payment.
Q: If I remarry is my new
spouse’s income considered in terms of child support?
A: The new spouse has no legal duty to
financially support your child. Generally, the new spouse’s income will not be a
factor. However, in some circumstances, the court can consider that having a spouse that
earns income reduces your monthly expenses.
Q: What is a Support Order?
A: The Order will contain the essential
elements of how child support payment will be made. It will include each child’s
name, social security numbers, how frequently the payments will be made and the amount of
the payment.
Q: What if the other parent
is routinely late in making payments?
A: Once your Support Order is filed with
the court, you should also file an Income Deduction Order. This Order is served upon the
paying parent’s employer, ordering the employer to deduct the child support payment
from his or her paycheck. People often refer to this as "garnishing of wages."
This Income Deduction Order can be effective immediately or with the provision that if the
paying parent is late, even one time, the Income Deduction Order will go into effect.
Q: Can I halt the other
parent’s visitation if he or she is not making the support payments?
A: No. The law is very clear in Florida
that issues of visitation are separate from issues of support. A parent can not keep the
other parent from visiting the child due to nonpayment of child support. And the reverse
is also true---if you are being kept from seeing your child, you still have an obligation
to pay child support. There are specific remedies to pursue in such situations, such as a
Motion for Contempt.
Q: Is there such thing as "Adult
Support" for a child who is over the age of 18?
A: There are certain situations in which a
parent can be ordered to pay "adult support" for a child who has reached the age
of majority. First, if the Marital Settlement or Parenting Agreement calls for such
support, the court will enforce it, on a contractual theory. Second, under Florida Statute
§ 743.07(2) if a parent or the child can show that a mental or physical incapacity
existed prior to the age of majority, the child may be entitled to on-going support.
Audrey B. Schneiderman has been
practicing law in Palm Beach County for 11 years. She is a partner in the law firm of
Feldman & Schneiderman, P.L., with emphasis on family law. She is rated a
"Preeminent Family Law Attorney" by the Martindale-Hubbell attorney rating
service. She is past Chairman of the Family Law Committee of the South Palm Beach County
Bar Association. She is a graduate of the University of Wisconsin and Rutgers School of
Law. She can be reached at 401 Camino Gardens Boulevard, Boca Raton, Florida 33432-5809,
(561) 392-4400 or at aschneiderman@feldmanlawoffice.com
The information you obtain at this site
is not, nor is it intended to be, legal advice. You should consult an
attorney for individual advice regarding your own situation.
Copyright © by Feldman & Schneiderman,
P.L.. All rights reserved.
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