
When you are getting divorced with children, there may be a lot of conflicts about which parent will get more time with the kids. But with kids comes another issue when it comes to divorce — child support. Child support is often misunderstood, and there are commonly a lot of questions about child support. Here are five of the most common questions people have.
How is Child Support Calculated?
Florida law first establishes a grid that says how much total support (that is, money from both parents combined) that a child needs or requires. That support figure is based on the combined income of both parents; the more the parents make, the more the total support figure will be. It is also based on the number of children; more children will require more total support from both parents.
Of course, the total amount the kids need is usually not a point of contention (nor can it be, as it is written into the law)—the real argument often happens with parents deciding who will pay what portion of that total support amount. That’s where the child support formula comes into play.
Child support is calculated with a preset formula, which is established by Florida law. There is some room for a court to deviate from the formula—to adjust a parent’s child support obligation up or down—but not a lot of room to do so (only 5%).
The percentage each parent pays of the total amount of support the children need is based on each parent’s income. This is why, although the formula is already determined by law, couples often fight over child support: A parent’s child support obligation, according to the formula, will deviate and go up or down depending on what income numbers you put into the formula.
The formula is thus designed, to some extent, for the parent who makes more income to pay more child support. But that is not the only consideration: Time-sharing, or time the children spend with each parent, also plays into the child support equation.
When a parent has more nights with the children on a monthly basis, that parent is more likely to receive child support. That is because, logically, when the child is with that parent, that parent is paying for more of the child’s expenses, and that parent deserves to be reimbursed by the other parent for those expenses.
How is a Parent’s Income Determined for the Purpose of Child Support?
In the process of the divorce, each party will fill out full financial affidavits. These affidavits will identify all sources of income, as well as the value of assets owned by each parent, as well as expenses that each parent has.
Yes, people can—and unfortunately do—lie on their financial affidavits. You have the right to ask for proof of income from the other parent beyond the financial affidavit. That may include business income records, bank account records, or other documents showing what the other spouse may be making, spending, or depositing into bank accounts.
What Can Child Support Be Used for?
The law only says that one parent pays the other child support. It does not specifically require that the receiving parent use the money for the kids, nor does the law require any kind of accounting of how the funds are used. The law just assumes that if a parent is with a child, that parent is necessarily spending money on the child, and thus, whatever is paid in support is reimbursing that parent (at least in part) for those expenses.
How Long Will Someone Pay Child Support?
By law, child support either ends at the age of 18 or when the child graduates high school but must end at the age of 19 unless certain special circumstances exist. If a child is not currently on track to graduate high school, support will end when the child is 18, regardless of graduation.
Note that child support can continue beyond these time limits for children who may have special needs or disabilities. In fact, child support could go on indefinitely for children who have special needs. However, the establishment of longer-term child support must be established during the divorce or custody proceeding—you cannot wait until child support ends and then go back to the court and have it continued.
Can Child Support Be Changed or Modified Later?
Child support can always be modified with the required legal showings. The modification could increase or decrease child support.
To modify child support, the parent seeking to modify must show what is known as a “substantial change in circumstances” that is permanent.
That means that a parent’s temporary increase or decrease in income will not suffice to modify child support. Likewise, a minor change in a parent’s financial situation also won’t legally warrant a change in child support.
Either the paying or receiving parent can ask the court to modify child support—but if you are the paying spouse, you cannot just unilaterally lower your child support. You must get and obtain a court order lowering child support payments before changing what you pay in support.
The change in a parent’s situation may not just be financial. Often, a parent ends up spending more or less time with a child than the original divorce agreement or court judgment initially contemplated. When a parent ends up with more time with the kids than he or she was supposed to get, that parent may have a right to go back to court and ask for more child support, to have the support based on the increased time that that parent is having with the children.
Again, the change in time-sharing can’t just be an occasional or one-time occurrence; the change must be permanent and ongoing to warrant a substantial change in circumstances that is sufficient to show that child support should be increased or decreased.
Do not guess about your child support. Anthony J. Diaz is an experienced family law attorney focusing on Mediation and Collaborative Divorce. His offices are located at 2431 Aloma Ave Suite #124, Winter Park, FL. 32792 and 3720 Suntree Blvd., Suite 103G, Melbourne, FL. 32940.
You may contact Anthony Diaz by calling 407-212-7807 or by email an*****@************aw.com or visit anthonydiazlaw.com for more information.
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