Caring for a Child After Divorce
It is natural to worry about being financially able to take care of your child after a divorce. Being partly or wholly dependent on another party to do so can create a great deal of anxiety — especially when the amount paid is insufficient or the other party either withholds payment or tries to get out of paying.
Feldman & Schneiderman, P.L. wants to make sure that you get the level of child support you deserve without the added burden of worry. We work hard to secure optimal results in child support proceedings.
What is Child Support?
Child support is payment, on a regular and ongoing basis, meant to benefit a child after the dissolution of a marriage or other relationship. According to Florida law, each minor child has the right to the support of both parents — including the non-custodial parent, the one who does not live with the child. That right also means that both parents have an obligation to have jobs and earn income to support their children, even a parent who was a stay-at-home parent during the marriage.
The right of a child to the financial support of both parents is an international public policy issue as well as a family law issue. It was, in fact, endorsed by the 1992 United Nations Convention on the Rights of the Child, which asserted that the primary responsibility to provide financial support for children rests with their parents.
How is it Calculated?
Child Support in Florida is calculated in accordance with the Uniform Child Support Guidelines, as set out in Section 61.30 of the Florida Statutes. Calculation requires a great deal of financial information, including:
- Gross income from all sources
- Net income
- Unreported income
- Income in the form of non-cash contributions
- Health insurance costs for the children
- Health insurance costs for each parent
- Daycare and childcare costs
- Private school tuition
- Extracurricular activities
- Any extraordinary needs or costs associated with the lifestyle enjoyed by the children during the marriage
- Court-ordered child support actually paid for minor children of prior relationships
- Overnight timesharing exercised by each parent
At Feldman & Schneiderman, P.L., as with alimony, we know that determining how much child support is paid is just one factor. Ensuring that the child support is paid is just as important.
We analyze the financial data carefully to secure the best possible child support agreement for you. And, in the event of a deadbeat parent, we use all legal means necessary to ensure that you receive complete payments on a regular basis.
The Child Support Act of 2010
The Child Support Act of 2010 made two significant changes to Florida child support laws:
Parents no longer have to return to court seeking an order to terminate child support when a child turns 18 (or 19, if the child is still in high school). Instead, new child support orders must include support amounts for each child and a timetable indicating when support ends for each child. This is intended to eliminate the need for repeated modifications.
The policy on overnight visits with the non-custodial parent — “substantial” time sharing — changed so fewer overnights are needed to reduce child support payments. Instead of requiring 146 overnights per year to reduce support payments, 73 overnights suffice (20% of 365 days). We, at Feldman & Schneiderman, P.L., can provide you with printouts of multiple scenarios for child support so that you can see what child support is likely to be under these different scenarios.
Florida uses Uniform Child Support Guidelines to determine the amount of child support. Gathering and presenting all of the necessary information is not an easy task. At Feldman & Schneiderman, P.L., we analyze financial data very carefully and investigate any questionable claims in order to assure that you get the results you deserve in child support proceedings.