Child support is payment from one spouse to another for the support of children after a divorce 504 or separation, which usually stops when a child turns 18 years old. It covers normal daily living expenses which includes food, clothing, shelter, access to medical care and educational needs and child care. It cannot be discharged in bankruptcy. And it is not considered as income by the receiving parent or as a tax deduction by the paying parent.
The federal government requires all states to adopt guidelines. The state of Florida uses a statutory child support calculator or a formula based on specific factors. The formula takes into consideration how much parenting time each parent has, the income of the parents, the total number of children, unusual medical expenses, daycare expenses, and insurance, among other factors. The result of the computation is called the “basic” support amount, which can be adjusted by the court based on several other factors. The actual support amount you pay or receive is determined by a family law court. Child support attorneys usually assist with negotiations.
The Florida Child Support Guidelines are found at Florida Statute 61.30. If a court follows the guidelines, the support obligation it arrives at is considered a presumptive amount. If there is disagreement from either spouse on the amount, facts must be presented in order to show the amount is not appropriate. A family law attorney experienced in family law is helpful in moving through this process.
The spouse who is legally determined to be the majority time sharing parent receives the financial assistance. This assistance is granted to be used for the overall well-being and advancement of the minor child.
In Tampa, Florida child support obligations will terminate once the child reaches the age of majority or if the child has been declared emancipated by a court. In some cases, a child who has turned 18 continues to receive assistance if still in high school. Children with disabilities which prohibit them from being self-supporting may also receive child support past the age of 18. Support obligations will terminate if a parent’s rights and responsibilities are terminated, such as if the child is adopted by someone else.
If you are in need of legal assistance for your particular situation, Hunter Law is here to help you. We can help assist you with making sure your financial affidavit is completed correctly. We can help with any modifications that may arise. Contact us to schedule a legal consultation with one of our child support lawyers in Tampa, Florida.