Tampa Child Support Attorney

Trusted Representation to Protect Your Children

Every family situation is different when it comes to child support after a divorce. Obviously, the division of custody plays a major part in how much child support one parent will be required to pay to the other. The child’s future and well-being are the most important issues in determining the proper amount of child support to be paid. The courts do not view it as a burden or a punishment, but as support for your child’s life and happiness.

At Givens Law Group, we understand how complicated divorce can be when children are involved. Our Tampa child support attorneys are ready to help you come up with a plan that helps you and your children.

Call (813) 328-6159 or contact us online today to schedule an initial consultation with our team.

What You Need to Know About Child Support

The Florida Child Support Guidelines and the explanatory text accompanying them are found at Florida Statutes (F.S.) 61.30. In addition, many child support issues are addressed in F.S. 61.13. Both sections of Chapter 61 must be consulted in the overall consideration of child support.

The obligation to pay child support arises from the common law principles of providing the necessities of life to one's dependents. Both parents are responsible for their child’s care. The payment of child support is intended to meet children's needs. The question is not "How much must I pay my former spouse for child support?", but rather “How much should I pay to my children?".

The guidelines must be consulted as a starting point for child support calculations, but there are a multitude of reasons to adjust upward or downward. Further, several regular, recurring children's expenses are not included in the basic child support calculation, such as: after-school care, day care, private school costs, the cost of summer camps, the more expensive extracurricular activities, etc.

The most meaningful adjustments of guidelines for child support are for timesharing reasons. If the non-custodial parent has the children for two overnights every other weekend, there may be no reason to adjust support. At the other end of the spectrum, a non-custodial parent who has the children more than forty percent (40%) of the overnights per month is entitled to a substantial adjustment in child support. (The new statute, F.S. 61.30(11)(b), governs it.) The underlying assumption is sound: a non-custodial parent with forty percent (40%) of the overnights will already be paying for forty percent (40%) of food, entertainment, transportation, etc., for the children.

In rotating custody cases, there may be no child support payment due at all, because the total expenses of child rearing are already being shared. The same result may occur in split custody arrangements, where one child primarily resides with mother and the other child with father. The child support guideline calculation however, must still be made to assure and confirm the validity of the "no child support" plan.

Additionally, Florida Statute 61.30 directs that the Court may depart plus or minus 5 percent from the guideline amount, after considering all relevant factors, including the needs of the child or children, age, station in life, standard of living, and the financial status and ability of each parent. The Court’s ability to order the payment of child support in an amount which varies more than 5 percent from such guideline amount can only be done upon a written finding explaining why ordering payment of such guideline amount would be unjust or inappropriate.

It is also important to note that a parent’s child support obligation is modifiable. The child support guidelines under Florida Statute 61.30 provide for a modification of one’s child support obligation when a substantial change in circumstances has occurred in the payor’s ability to pay the child support amount. Before the court may find that the guidelines provide a substantial change in circumstances there must be a difference between the existing monthly obligation and the amount provided for under the guidelines of at least 15 percent or $50, whichever amount is greater.

FAQs About Florida Child Support

Can child support be modified in Florida?

Yes, child support orders can be modified in Florida, but a parent must show a substantial, permanent, and involuntary change in circumstances. Examples of qualifying changes include a significant increase or decrease in income, a change in parenting time, or increased expenses related to the child's needs. A parent seeking modification must file a petition with the court and provide evidence of the change in circumstances. The court will then determine if an adjustment to child support is appropriate.

What happens if a parent does not pay child support?

If a parent fails to pay child support in Florida, enforcement actions can be taken by the Florida Department of Revenue or the court. Consequences for non-payment may include wage garnishment, suspension of driver’s and professional licenses, tax refund interception, bank account levies, and even contempt of court proceedings, which can result in fines or jail time. The state takes child support enforcement seriously to ensure that children receive the financial support they need.

When does child support end in Florida?

In most cases, child support in Florida ends when the child turns 18. However, if the child is still in high school and expected to graduate before turning 19, support may continue until graduation. If the child has a disability that prevents them from becoming self-sufficient, child support may continue indefinitely. Additionally, a court order may specify a different termination date based on unique circumstances.

Can child support be paid directly to the other parent?

Florida typically requires child support payments to go through the State Disbursement Unit (SDU) to ensure proper tracking and enforcement. However, in some cases, the court may allow direct payments between parents, especially if they have an amicable agreement. Parents should be cautious when making direct payments without a record, as disputes over payment history may arise.

Does child support cover extracurricular activities and college expenses?

Florida child support laws primarily cover basic needs like food, housing, clothing, education, and medical expenses. While extracurricular activities are not automatically included, a judge may order additional contributions for activities such as sports, tutoring, or summer camps if deemed necessary for the child's well-being. However, Florida law does not require parents to pay for college expenses unless a prior agreement or court order mandates it.

Can paternity affect child support obligations?

Yes, paternity plays a crucial role in child support obligations. If a child is born to unmarried parents, paternity must be legally established before child support can be ordered. This can be done voluntarily through an acknowledgment form at the hospital or through genetic testing and a court order. Once paternity is confirmed, the father has both rights and responsibilities, including financial support for the child.

How can Givens Law Group help with my child support case?

At Givens Law Group, we understand that child support matters can be complex and emotionally challenging. Our experienced family law attorneys are here to guide you through every step of the process, whether you need help establishing, modifying, or enforcing a child support order. We work diligently to ensure that calculations are fair and that your rights as a parent are protected. If you're facing difficulties with non-payment or need to request modifications due to life changes, we can advocate on your behalf to achieve the best possible outcome. Our team is committed to providing personalized legal support, so you don’t have to navigate the legal system alone.

Contact our Tampa child support attorneys at (813) 328-6159 to discuss your case today.