Understanding Your Rights ∙ Supporting Your Position
Few issues in family law are more contentious than those which surround money or children. In the case of child support, both of these issues are involved. The court no longer favors the mother in child custody determinations and has in recent years been in support of relatively equal time-sharing between parents. This is important because the child support determination is based in part on the amount of parenting time or overnight stays with each parent.
These are the main factors that are considered in the child support guidelines:
- Net monthly income of each parent
- The number of children who are the subject of the pending action
- The amount of daycare paid by each parent
- The monthly cost of medical, dental and vision insurance paid by each parent and co-pays
- Additional support payments made to other children
- Percentage of overnight stays of the child or children with each parent
The critical factor is the last one — the percentage of overnight stays. Judges do not have a great deal of discretion in adjusting the formula. It is important to enter all the information correctly into the formula or the child support payment will be inaccurate.
Retroactive Child Support
In the case of unmarried parents, it is possible that one parent may seek to collect child support payments. If a paternity determination is positive, or if the father acknowledges paternity, the court can rule that child support is owed for up to two years in the past, starting from the date of the couple's separation.
I can explain to you in detail how this may work.
For an experienced litigator and Orlando child support lawyer, call 407-680-2162 Toll Free: 800-483-0522 or contact the law office of R. Gregory Colvin, LLC.
Florida Modification Attorney for Child Support Changes
There are a number of issues which could lead to one parent requesting a change in the child support amount or terms. Some common concerns or situations which arise are:
- Hiding assets or income — Financial disclosure must be complete. Incomplete disclosure may be cause for contempt of court.
- Non-payment of child support — If your income drops and you are unable to pay the agreed-upon amount, you should file for a modification. Withholding child support payments is willful disregard of the court's wishes and could result in enforcement actions, including jail time.
- Increase or decrease in overnight stays — If work schedules change or other issues arise which cause one parent to have fewer or additional overnight stays, this may be cause for a modification.
More Than Twenty Years of Experience on Your Side
If you are divorcing, or have divorced, please call 407-680-2162 Toll Free: 800-483-0522 or contact Orlando child support lawyer R. Gregory Colvin, LLC. I look forward to helping you solve your legal problems.