Making sure your kids’ financial future is stable is one of your greatest concerns when divorcing. Florida statutes provide guidelines for determining an amount of child support, and the calculation is complex. When one of the parents is an active duty military member, that calculation can become even more complex.
The child support guidelines take into account things such as the income of each parent, the needs of the child, whether there are any special emotional or medical needs, and any child care expenses. You can ask the Court to deviate from the guidelines, but must present evidence in support of the deviation. When there is a parent on active military duty, the Court should consider:
● Any amount paid to the service member for a housing allowance.
● Any amount of… Continue reading
Unfortunately just because a Court orders child support be paid, that does not mean the party responsible for making payment does as ordered. Nonpayment of child support is a serious issue and can lead to a substantial amount of arrears being owed. Arrears are the amount of child support payments that are past due, and if you are owed child support you might seek to have it paid on a retroactive basis. What this means is that your ex has to pay all the back due amount, and keep current on today’s payments.
The child support guidelines requirement payment of all child support, past and present. To get payment retroactively, which means payment for what was due in the past but has not been paid; you must file a contempt of court matter with the Court. A contempt matter sets forth:
● A valid… Continue reading
Making sure your children are provided for financially is an important aspect of divorce law. Child support is for the benefit of your kids and is designed to make sure your children’s’ lives are as uninterrupted as possible during and after divorce. So what happens when your ex remarries? A common question that arises is whether child support is still due when there is a remarriage by the custodial parent.
The rule of law is that child support remains due, as ordered, for as long as the order is in place. To make a change in child support, the party asking for the change has to go back to Court and seek a modification of the child support order. Remarriage may be a factor the Court takes into consideration when a modification is requested, but the financial support of kids remains the responsibility… Continue reading
When a couple divorces with children, the continued welfare and care of the kids is the single most important factor. We work hard to put the best interests of your children first when helping you through your divorce and no other issue can cause a headache more than your ex-spouse not meeting their child support obligations.
Florida law requires all orders of child support to be paid. When support is not paid as ordered, the parent due the payment has many options to for child support enforcement:
● Wage deductions.
● Suspension of hunting and driving licenses.
● Contempt of Court proceedings.
● Placing a lien on the payor’s property.
● Denial of passport.
Employing one or more of these techniques should get results. No one likes having their wages garnished, or their right to drive revoked. It is unfortunate… Continue reading
The purpose of child support is the continued financial support of your children after divorce. Making sure your children are taken care of and provided for is the responsibility of both parents. During your marriage your kids became accustomed to certain things, and making sure their lives remain as normal as possible helps the family transition from being together to being apart. So when child support isn’t paid, the Courts take very seriously their role as an enforcer.
State statues provide the starting point for how child support is calculated. From this springboard, you are able to deviate when the specific circumstances of your case allow for differences. Things like the unique emotional needs of your children, the lifestyle your kids are used to, and special medical needs are a few of the factors taken into account when deviating from the child support guidelines.… Continue reading
The ability to provide for your children after a divorce is an issue that weighs heavily during your divorce case. At Ferraro Law Group we have helped thousands of people get to the other side of divorce in a way that is workable and with plans in place that make sense. We take very seriously the comfort and well-being of your children, and work tirelessly to make sure their lives remain as normal as possible. Of key importance in this endeavor is making certain child support is awarded in an appropriate amount.
The child support guidelines in Florida take into account the following things:
● The financial ability of each parent to pay and/or financially provide for the children.
● The standard of living to which the children are accustomed.
● The age and needs of the children.
When an… Continue reading