Ascertainment of child support payments made at the time of divorce or during a paternity case can affect both parents and children until the child's emancipation - most commonly at 18 years old, though sometimes sooner if the court deems the child an adult, even if they’re underage.
Whether you are seeking child support or you need legal help with an unjust child support order, Marcus E. Stein can help to protect your rights in court.
Whether you are seeking to collect child support or need legal help to protect yourself against unfair and high child support orders, Marcus E. Stein can represent your interests in family court. Contact our office to schedule an initial FREE CONSULTATION.
Child Support Calculations in Florida
To calculate Florida child support, enter the take-home income of both parents, healthcare costs for the children (only the children), and any daycare costs. Also, enter the number of overnights with the non-majority parent (secondary residential parent).
Representation For Unfair Child Support Orders or if You Are Facing Consequences For Unpaid Child Support
The State lays a heavy hand on parents in arrears with child support, often times imposing criminal penalties or wage garnishment. But, sometimes, the actions are an unjust consequence due to an unfair ruling.
If you are likely to owe child support payments after a divorce or paternity case, our firm will do a thorough investigation to be sure that your child support order is fair, within your means, and that you have been granted all of the deductions / credits you deserve.
We will fight to have unfair child support orders corrected and unfair judgments reversed.
If you are among the thousands of parents struggling to make your child support payments, contact us before the financial challenge becomes a tumultuous (and costly) legal battle.
Child Support Modification in Florida
Facts and situations often change, including a parent's income or custodial timeshare with the minor children, which may be grounds for a modification of the order. Attorney Marcus E. Stein can pursue a new support order.
Obtaining Child Support Payments
Child support determinations are based on Florida’s Child Support Guidelines, taking into account the child custody arrangements, the incomes of each parent, and the needs of the child. Under Florida family law, both parents are responsible for providing appropriate support for their children.
As your child support lawyer, Mr. Stein’s role is to ensure that all the financial facts are presented in order to ensure that the child support that is ordered is fair and appropriate. This is not always easy, as some parents do not present an accurate accounting of their finances and hide income. If deemed necessary, our firm can work with an investigator to uncover hidden assets and income so the child receives the support he or she is due.
Enforcement of Child Support
If you have an existing child support order and you are owed back child support, we can help you take legal action to collect unpaid child support payments. Florida child support law provides a number of penalties for parents who have not paid support, or who are behind on their child support payments. As your counsel, there are actions we can take to enforce child support collections and get you the support you need.
1. The child support payment is calculated by adding the gross monthly income of both parents. Assuming dad’s take home pay is $3,000 per month and mom brings in $2,000, the combined income is $5,000.
2. From there, each parent's proportion of the combined income is calculated. In this scenario, dad’s proportion is 60% of the income, while mom’s is 40%.
3. The parents’ are then assigned child support obligations proportionate to his or her percentage of the combined income.
The Florida legislature has a child support guidelines chart, which provides a predetermined basic monthly child support amount based on the parents' combined income.
For the purposes of the example, the chart indicates the basic child support obligation for one child with a combined income of $5,000 is $1000 per month. Dad would be responsible for 60 percent of the $1000, or $600 per month. Mom would be responsible for 40 percent of the $1000, or $400 per month.
4. How the child support payments will be made
Once the court has calculated child support payments, the court will decide to whom and how the payments will be made. The court can order that the child support payments be made directly to the parent with whom the child lives. If child support payments are made directly, the parents are responsible for keeping accurate records indicating how much and when each payment is made.
Alternatively, the court can order child support payments to be made to the state disbursement unit, where it is collected, recorded, and disbursed. The court can order that the child support be paid voluntarily or by an automatic deduction from each paycheck.