Support Guidelines
In Florida, both parents have an obligation to provide support for their children based on their ability to do so. Determining the amount of child support to be paid is largely formulaic. While there are many factors involved when calculating the end amount, the process usually begins with the filing of the Child Support Guidelines Worksheet and a Family Law Financial Affidavit. This is done in order to get an accurate measure of each party's income. A court approved Parenting Plan can also be utilized or established to reflect the time-sharing of the children by each parent.
When calculating the child support, some of the factors included are:
- The number of overnights each child spends with each parent
- The Net monthly Income of each parent
- Child care costs for one or both parents
- Health insurance costs
- Child support paid to children from different relationship (actually paid)
- Alimony or Spousal Support paid
- Mandatory union dues or retirement payments
In instances where one parent is unemployed or voluntarily under-employed, then it is possible to impute income to that parent for purposes of establishing child support. When voluntarily under-employed, this could be based on one's earning potential from recent work history.
The Florida Child Support Guidelines are usually fixed based on the inputs. However, in some instances the court may deviate the amount by +/- 5% unless there is a justified showing for the need of a larger deviation. For example, this could be based on a child's costly, extraordinary needs due to a physical or mental handicap.
Further, even if the parents enjoy 50-50 time-sharing (custody), these guidelines could determine that one parent still owes child support. This is usually due to a large disparity in monthly net income.
Termination/Modification
Many people believe that child support obligations automatically end upon the child's 18th birthday. Depending on the date that the child support was entered, there may be additional steps needed in order to end ongoing obligations. Further, in circumstances where a child has not graduated from high school after his 18th birthday, then a parent may still be obligated to pay until graduation. There are also instances where a child's ongoing and severe disabilities could require child support past the age of 18.
Because the court recognizes that life is fluid and circumstances change, the ability to modify child support can be requested based on some of the following factors:
- Change in overnights spent with each parent
- Change in monthly income resulting in monthly support change of +/- 15% or 50$, whichever amount is greater
- A change in healthcare coverage of a child
- Needs of the child have significantly increased or decreased
In instances where income has decreased, it must be shown that it was not voluntary or was the result of a termination, illness or other factor outside an obligor's control.
Enforcement
Most of Florida child support orders are enforced by the Florida Department of Revenue (DOR) in accordance with the Federal Social Security Act. Part of section IV-D of this Act holds each state responsible for providing services to children in need. In Florida, the DOR is the entity responsible for this IV-D mandate and may even enforce out of state support orders once registered.
When a parent has a legal obligation to make payments, the failure to do so can result in the DOR taking action in a variety of ways.
The steps taken usually graduate in their severity and may include:
- Mailing late payment notices to the obligor
- Sending notices to the obligor's employer to garnish wages for unpaid obligations
- Suspending the obligor's driver's license if he does not begin payments or contact the DOR within 20 days of notice
- Suspending the obligor's professional or business licenses within 30 days of notice, unless he requests a hearing or pays what he owes
- Face-to-Face appointment notice
- Federal income tax refund garnishment
- Placing liens on obligor's vehicle or boat
- Reporting past-due obligations to credit reporting agencies
- Denying passport request or renewal
- Filing of a legal action which could result in incarceration
When the DOR begins to enforce obligations, they will often provide an attorney to represent the state's IV-D obligation with or without the obligee's initiation, consent or presence. For example, this can be triggered when an obligee is requesting state welfare-type benefits such as food stamps, as one of the steps include the disclosure of financial support from both parents, including child support obligations.
For any man faced with enforcement of child support obligations, it is very important to pay all that is owed, if possible. If there is a notice to appear for a hearing with the DOR, then consulting with a family law attorney is important, as the results of a hearing can be very difficult to undo.
If you have any questions pertaining to your particular case, the law office of Thor Hartwig can provide assistance. Please click below for more information.
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