Florida Family Law - Online Articles

Child Support Articles

How to Request Temporary Child Support? How to Request Temporary Child Support?
April 12, 2019

One of the most litigious issues a divorcing couple deals with is determining a fair and sufficient amount of child support that a spouse will have to pay. The court establishes child support based upon its examination of the testimony, income, and financial evidence of both spouses and usually orders one party to pay child support when the divorce proceedings are finalized. Unfortunately, a divorce proceeding can be a lengthy process. If a party is struggling to financially...


What Child Support Payments Can Be Paid Toward? What Child Support Payments Can Be Paid Toward?
March 17, 2019

Child support was created to make the lives of children of divorced or separated parents as comfortable as possible. By court order, the noncustodial parent must make monthly payments based on their income that will help maintain the child’s accustomed standard of living. Because custodial parents are not required to report on their child support spending, it's possible they may attempt to spend the child’s money on their own personal needs. To avoid potential court-ordered...


How to Prepare for a Child Support Court Appearance How to Prepare for a Child Support Court Appearance
October 11, 2018

Whether you need to decrease your child support payments because of a job loss or are requesting the other parent pay more child support, you may be wondering about the process. The request for a child support modification could be a result of many different circumstances including income loss, change of employment, increase in child care or health care costs, or the disability of either party. Before your hearing, create a detailed summary of your expenses to present to the judge. Include information...


Penalties for Failing to Pay Child Support in Florida Penalties for Failing to Pay Child Support in Florida
June 5, 2018

The Florida child support program was designed to help children get the financial support they need from one or both parents. Unfortunately, many parents refuse to pay their court-ordered child support, which can result in severe consequences, including jail time. If child support has been ordered, and a noncustodial parent isn’t making child support payments, the custodial parent may file a motion for civil contempt against them.  To show that a violation occured, the custodial parent must provide proof that the noncustodial parent...


Parental Rights of Same-Sex Partners Parental Rights of Same-Sex Partners
February 22, 2018

Over the years, same-sex couples have fought for equal rights when it comes to marriage and starting a family. It is now much more common to see same-sex couples begin family units that involve children, either from a previous heterosexual relationship or children born during their relationship. Sometimes the children are conceived by one of the partners through artificial methods or the children may be adopted by the couple. Although more states have begun recognizing same-sex marriages and unions...


When Do You Need to File a Petition for Modification of Child Support? When Do You Need to File a Petition for Modification of Child Support?
February 13, 2018

You may file a petition to modify child support if you are court ordered to pay or receive child support and want to ask the court to modify the amount you are currently paying or receiving. If you currently have a court order in place that requires child support be paid, and there is a substantial change in circumstances, you may file for modification as long as the change will be at least 15% or $50, whichever is greater. Substantial changes in circumstances may include...


10 Child Support Myths in Florida 10 Child Support Myths in Florida
January 26, 2018

Child support disputes can often cause parents to turn on each other and, at the same time, motivate them to involve their children as a form of revenge. When it comes to how child support payments are awarded, there is a lot of misconception and confusion. By familiarizing yourself with proper information, you will be better prepared to make the best decisions for you and your family. Here is a look at some of the most common child support myths, and information you...


Do I Have to Pay Child Support if I Have No Income? Do I Have to Pay Child Support if I Have No Income?
April 26, 2017

It depends on the specific facts of your case and the Judge. As a rule of thumb, you should always first speak to your attorney before unilaterally deciding against paying child support, even if you don't think you can afford it. Here are a few tips to remember when whether you must make your child support payments. (a) You still have to pay if you are unemployed. (b) Trying to avoid paying will make things worse. (c) Agreements with the other party. If it ever comes to the point where you can’t afford to pay child support,...


What to Look for to Establish a Supportive Relationship in Florida What to Look for to Establish a Supportive Relationship in Florida
Posted on April, 25 2017

You are looking to modify alimony, reduce alimony, or decrease the amount of child support you pay to your spouse or former spouse. How do you go about minimizing the money that comes out of your wallet during one of the most financially devastating times of your life? You speak with your family law attorney and consider the factors below when evaluating if your spouse is in a supportive relationship.


What you can do when your ex is always late with child support payments? Child Support and Income Withholding For Support Orders: What you can do when your ex is always late with child support payments?
February 8, 2016

Documenting the child support you receive from the other party is very important –even if the support is being paid through the State’s Disbursement Unit. Although keeping track of all of your child support payments is the last thing you might want to do in a divorce, you must be diligent in your own record keeping. No longer can parties rely on third-parties to do this...


Child Support, Alimony and Taxes in Florida Child Support, Alimony and Taxes in Florida
January 15, 2016

Child support is not taxable in Florida as income—alimony on the other hand may have some tax benefits. The individual paying alimony in Florida may receive tax benefits for paying this alimony; however the recipient does not and must report this money as income. Be wary of the attorney that seeks to put a clause in a settlement agreement, which purports to circumvent the tax liability surrounding alimony. Also, if you are the recipient of alimony, do not be swayed by statements by another...


Interesting New Child Support Modification Ruling Interesting New Child Support Modification Ruling
November 3, 2014

There was a recent decision by an Orange County Circuit Court judge regarding modifications of child support. The circumstances involved a Father who sought modification of his child support obligation to his Former Wife for a child who was over 18 years of age. Florida Statue 61.30 reads, in part, the “guidelines may provide the basis for proving a substantial change in circumstances upon which a modification of an existing order may be granted. However, the difference between the existing...


Life Insurance Policies to Protect Child Support Life Insurance Policies to Protect Child Support
November 3, 2014

Generally, the trial court has discretion to order the party paying child support to maintain a life insurance policy to the extent insurance is necessary to ensure that child support will be paid in the event of the death of a former spouse. Although life insurance is typically relatively inexpensive, the Court must include findings that (1) the party paying the support can afford the insurance, (2) the cost of maintaining the insurance, and (3) the Court must find that...


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