Child Support Lawyer In Fort Lauderdale
Understanding The Basics Of Child Support
Child support is a court-mandated order where one parent must help financially support the raising of any children. Either parent can be awarded child support or be made to pay child support based on a number of factors.
In order to receive child support, one parent or a lawyer acting on behalf of a parent must file with the court. This requires paying close attention to all necessary documents and supporting facts, and paperwork must be filed within strike time limits. After these necessary steps are completed, a judge will rule over the case and determine if either parent is awarded child support.
For assistance throughout this process, call me, a Fort Lauderdale divorce attorney, at Lorri K. Fishman, P.A.. Call 954-928-9832 for a free phone consultation to discuss your situation.
Child Support Calculations In Florida
Calculating child support payments is based on a number of factors. These include, but are not limited to, the following:
- The educational, medical and everyday needs of the child or children
- The monthly income of each parent
- The earning capacity of each parent
- Which parent has physical custody of the child or children
- How many overnights each parent has
- How many children the couple has together
- Any obligations to previous children and support payments
In addition, there may be other circumstances that determine how much support you will receive or pay. Each case is unique, which is why it takes a knowledgeable Fort Lauderdale divorce lawyer to help you come to an agreement that benefits your entire family.
Can Child Support Be Modified In Florida?
Florida courts recognize that life circumstances change over time, and child support orders must sometimes be adjusted to reflect these changes. Parents seeking modification must understand several key factors that courts consider when evaluating these requests:
- Income changes: A significant increase or decrease in either parent’s income must be involuntary and documented. Job loss, disability or major promotions qualify, while voluntary unemployment doesn’t. Courts examine the parent’s full earning capacity, work history and local job conditions.
- Medical or educational changes: New health conditions requiring ongoing treatment, therapy needs or specialized educational requirements can justify modification. Both insurance coverage changes and out-of-pocket costs factor into the court’s evaluation.
- Time-sharing adjustments: Substantial changes in overnight stays affect support calculations. Florida uses a specific formula based on overnights spent with each parent, factoring in transportation costs and time-sharing expenses.
- Additional children: Having another child or taking on support obligations for children from another relationship may impact available income for existing support payments.
The success of a modification petition largely depends on thorough documentation and a clear demonstration that the requested changes serve the child’s best interests.
Challenging A Child Support Modification
When faced with a modification request from the other parent, mounting an effective challenge requires understanding the legal standards and gathering compelling evidence. Courts closely scrutinize all claims of changed circumstances, and the challenging parent must be prepared to present solid evidence:
- Financial evidence
- Employment documentation
- Medical records
The strength of a challenge often lies in presenting organized, well-documented evidence that directly addresses the claims made in the modification request.
Child Support Enforcement In Florida
Florida takes child support obligations seriously and maintains robust enforcement mechanisms to address nonpayment. The state’s enforcement program combines administrative actions with legal consequences to promote compliance and collect past-due support:
- Income deduction: Automatic withholding from paychecks takes precedence over other garnishments. Employers must comply with these orders or face penalties.
- License suspension: Driver’s, professional and recreational licenses can be suspended after missed payments. Reinstatement requires payment arrangements or full satisfaction of past-due support.
- Financial interception: The state can seize tax refunds, lottery winnings and unemployment benefits. These funds route directly to the custodial parent through the state disbursement unit.
- Property liens: Support debts create automatic liens on real estate and vehicles, preventing sales or refinancing until the debt is addressed.
- Credit consequences: Missed payments appear on credit reports for seven years, affecting loans and housing applications. Support debt survives bankruptcy and cannot be discharged.
Through consistent application of these enforcement tools, Florida maintains one of the most effective child support collection systems in the country, helping countless families receive their court-ordered support.
Why Do I Need A Lawyer?
Hiring a lawyer who understands the process can ensure that you fill out and file all paperwork correctly and on time. I, a Fort Lauderdale family lawyer, Lorri K. Fishman, can help you get the most favorable outcome so you can support your and your child’s needs.
In addition, if you are awarded child support and your ex-spouse does not pay, I can help enforce your divorce agreement. When this agreement no longer fits your situation, Lorri K. Fishman, P.A., can also help you modify the terms to better represent your family’s needs.
Call me at 954-928-9832 or send me an email for a free phone consultation. I am available evenings and weekends – whenever you need my support.