In the state of Florida, both parents are legally required to provide support for their minor child or children. In most cases, one parent (obligor) pays child support to the other (obligee), but in some cases, both parents pay child support to a third party that has custody of the children or shares parental responsibilities.
The amount of child support that the obligor pays the obligee is determined by a formula established in the Florida Child Support Guidelines. This formula considers:
Parents’ income includes salary or wages; bonuses, commissions, allowances, overtime, tips, and other similar payments; business income from sources such as self-employment, partnership, close corporations, and independent contracts; disability benefits; workers’ compensation benefits and settlements; unemployment compensation; pension, retirement, or annuity payments; social security benefits; spousal support received from a previous marriage or court-ordered in the marriage before the court; interest and dividends; rental income; income from royalties, trusts, or estates; reimbursed expenses or in kind payments to the extent that they reduce living expenses; and gains derived from dealings in property, unless the gain is nonrecurring.
When determining child support in South Florida, the court may order retroactive child support for the time period between the date the parents separated and the date the child support order goes into effect, for a period of up to 24 months. In cases of retroactive child support, the court considers an installment payment plan for the obligor.
A parent may not withhold visitation from the other parent for failing to pay child support, and a parent may not withhold child support for a parent violating an established time-sharing agreement. Violation of these court-ordered obligations may result in the violator being found in contempt of court, having their driver’s license or passport suspended, having a lien placed on their property, or having their bank account seized.
Establishing a time-sharing schedule is a complex process that takes into consideration several factors. The Joseph Firm provides personalized attention to each of our clients and their unique circumstances, enabling us to build the best possible case in family court proceedings. To schedule a free consultation, please call (305)-501-0922 to speak with a South Florida Child Support Lawyer.