Child Support Lawyers in Stuart, Florida
At the Law Office of Denise Miller, our Stuart, Florida child support lawyer understands that a lot goes into raising your children — physically, emotionally, and financially. When parents go through a divorce, certain matters can become unclear, including parenting time and the financial obligations they share to ensure the children’s needs are covered, and that their livelihoods are protected.
Our Martin County and Stuart child support attorney have over 20 years of legal experience guiding families through these difficult times by providing realistic solutions that protect the rights of our clients and their children. We know that this is already a confusing time, and it should not be complicated further by the unknown.
Allow our Stuart child support law firm to give you the facts you need to make informed decisions regarding your child’s financial well-being, so you can rest easy with one less thing to worry about.
How Is Child Support Determined In Florida?
In the State of Florida, both parents are charged with the financial care of their children. The Florida Senate child support guidelines follow an Income Shares Model, which allows child support to be determined using the estimated amount both parents would have spent collectively on the child, would they remained together. Based on their incomes, the amount is then divided between both parents.
First, each parent is required to verify their individual income and expenses, through the filing of a financial affidavit. The obligation for child support will be based on the number of children in the household, and the combined net incomes of both parents — which equals their gross income minus any allowable deductions.
Gross income can include:
- Alimony
- Bonuses
- Commissions
- Dividend or interest income
- Pension or retirement benefits
- Rental income from owned property
- Self-employment income
- Unemployment insurance benefits
- Wages
- Workers’ compensation
Allowable deductions include:
- Alimony payments
- Certain health insurance premiums
- Court-ordered child support payments for children from other relationships
- Income tax payments
- Mandatory retirement payments
- Mandatory union dues
- Social security and Medicare payments
Once the income and deductions are calculated, the additional guidelines the court will consider are:
- Parenting time and physical custody, including where the children live
- Percent of financial responsibility each parent is allocated
- Education
- Extra-curricular activities
- Childcare costs
- Health insurance costs
- Non-covered medical, dental, and prescription medication costs for the children
- Tax obligations
The Florida Family Courts emphasize the importance of both parents being involved in their children’s lives and dedicate a significant amount of time during or after a divorce to child custody and parenting plan decisions. It is important to understand that these decisions will directly affect the amount of child support you are ordered to pay or receive.
What If I Am Not Married But Am Seeking Child Support From The Other Parent?
When parents are not married, it is important to first establish the paternity of the child(ren) in which you are seeking support. If paternity has already been established through a signed acknowledgment or if both parents are listed on the birth certificate, we can begin our petition for child support right away.
The same guidelines will apply when determining the child support payment amount, including the amount of time each parent spends with the child. If you are a single parent, whose children spend little to no time with their other parent, that amount could be heavily weighted in your favor – assuming the other parent has the ability to pay.
Our Stuart, Florida child support attorney will outline your child’s financial needs, and fight on your behalf to get the money you deserve to support your children with the best results available for your unique legal circumstances.
Payments can be made and collected directly through the Florida Department of Revenue, so you will not have to request or receive the payments personally. Once child support is ordered, the state will monitor, collect, and distribute the payments accordingly.
What If The Other Parent Is Not Paying Child Support As Ordered?
Unfortunately, even when one parent is ordered to pay child support in Stuart, Florida, s/he may become delinquent in their duties.
There could be several reasons for these circumstances, but the fact is that once child support is ordered through the court, it must be paid on time and in full.
Paying parents may request a child support modification if there are extenuating circumstances that keep them from paying the ordered amount, including a job loss.
However, that determination must be established in court. The child support payer cannot simply decide to quit paying. If s/he does, we can enforce the court’s order by taking him or her back to court.
How Can The Law Office of Denise Miller Help Me With Child Support In Stuart, Florida?
For over two decades, our Stuart, Florida child support lawyer has worked tirelessly to ensure our clients and their children get the financial support they deserve, so there is one less thing to worry about while raising their children.
If you are considering divorce, are recently divorced, or are seeking child support from a partner, contact our family law attorney in Stuart, Florida today to schedule a free initial consultation by calling 772-934-6007. We will provide you will the peace of mind you need to pursue the best outcome available for your unique child support requirements.
At Law Office of Denise Miller, our criminal and family law firm in Stuart, FL focuses on the following practice areas:
Family Law, including:
- Child Custody
- Child Support
- DCF/Dependency cases
- Divorce
- Paternity
- Post Judgment Modifications
- Spousal Support
Criminal Defense, including:
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- Things to Know Before Filing for Child Custody & Child Support in Florida
- What You Should Know About Representing Yourself In Any Courtroom
- Florida Criminal Defense Attorney Fully Operating During COVID-19
- The Importance of Hiring A Family Law Attorney in Florida
Child Support in Florida: Frequently Asked Questions (FAQs)
Can Child Support Be Modified After the Initial Agreement?
Yes, child support orders can be modified if there is a significant change in circumstances. Such changes might include alterations in either parent's income, changes in the child's needs, or shifts in the custody arrangement. If you believe a modification is necessary, consulting with a child support attorney can help you navigate the process.
How Does Child Support Affect Tax Returns?
Child support payments are not tax-deductible for the paying parent, nor are they considered taxable income for the receiving parent. It's essential to keep accurate records of all payments made and received to avoid any potential disputes and to manage your finances effectively.
What Happens if Both Parents Agree on a Child Support Amount?
If both parents can agree on a child support amount, this agreement can be submitted to the court for approval. The court will review the agreement to ensure it complies with Florida's child support guidelines and is in the best interest of the child. Once approved, it will be formalized in a court order.
Can Child Support Be Waived or Reduced in Certain Situations?
Child support obligations cannot typically be waived or reduced without a court's intervention. If either parent believes that a modification is warranted due to significant changes in circumstances, they must request a review through the court system. The court will evaluate the request based on the current situation and the child's needs.
What Are the Legal Consequences of Failing to Pay Child Support?
Failure to pay child support can lead to serious legal consequences, including wage garnishment, interception of tax refunds, suspension of driver's or professional licenses, and even imprisonment. It's crucial to address any difficulties with payments promptly and seek legal advice to avoid these severe penalties.
