In a divorce or paternity case involving children under eighteen years old, child support is an issue that must be determined by the parents and the Florida court. Both parents have a duty under the law to financially support their child, but various factors dictate how much each parent must provide in support. When faced with a child support matter, it is critical that you have an experienced Florida family law attorney advocating for your interests and the interests of your child.
Establishing Parentage
In a paternity case, the first thing that a knowledgeable child support attorney can do is ensure that the proper parentage of the child is established. It is important for both parents and the child that the right person is identified as the father before child support payments are negotiated. This can be accomplished either through a Voluntary Acknowledgement of Paternity or through court-ordered genetic testing. Once parentage is confirmed, child support negotiations can commence.
Arguing Additional Factors
Florida law provides guidelines for calculating child support, but there are additional factors that can influence the ultimate determination of support for each parent. Some of these additional factors include the following:
- Parental income above the guideline levels,
- The additional needs of the child,
- The child’s standard of living,
- Each parent’s age,
- Additional children, and more.
An experienced child support attorney understands how these additional factors may influence a support case and can make those arguments in mediation or in court. Parents who try and navigate a support issue without a knowledgeable attorney often miss how these additional factors may impact their case and often end up paying more, or receiving less, than they should.
Modifying Support Over Time
A dedicated Florida child support attorney can also assist in cases where a modification of support is necessary in the months or years after an initial child support order. Circumstances change over time, and a substantial increase or decrease in the financial circumstances of either parent may warrant an adjustment of child support. Substantial changes in circumstances under Florida law include the following situations:
- Permanent, involuntary job loss,
- Significant promotion or raise,
- Inheritance,
- Serious illness, injury, or disability of a parent,
- Serious illness, injury, or disability of the child,
- Modifications to the child custody arrangement, and more.
