Category: Child Support

If you receive child support payments from your co-parent, you know that such payments can be critical to providing for your child. If your co-parent, the payor parent, has gone on to have another child, you may very well be concerned as to how this could impact child support. Here, we will discuss whether child support can be reduced in the event that the payor parent has more children.

Can Child Support Be Reduced If the Payor Has More Children?

The answer to this question is, it depends. The good news is that the fact that the payor parent has had another child will not, in and of itself, mean that there will be a change to the child support that was previously established by the court. When the other child was born and whether or not that other child receives support from the payor parent will be critical factors as to whether a change in child support will be merited.

First and foremost, a parent who pays child support for other children cannot petition the court to reduce a previously ordered child support order in order to account for other children. This is because the Florida legislature put protective measures in place so that a child born before another child would not risk losing the support that was initially awarded. In other words, there is a prohibition of a downward modification of child support as a result of an after born child. It should be noted, however, that the law on this does not actually operate in terms of birth order. The timing depends on the chronological order of the child support orders put in place. A previously established child support order will not be modified because the payor spouse went on to have other children and face other child support obligations.

While a person that goes on to face other child support obligations cannot ask the court to reduce preexisting child support orders based on the new obligations, going on to have more children can have other impacts on the situation. For instance, if the payor spouse gets another job to pay for the new child, the parent receiving child support may want to petition for an increase in child support based on the parent having an increase in income. If the court finds that the additional job was intended to support the additional child, then the court is unlikely to grant an increase in the original child support award.

It should also be noted that, while previously established child support orders will not likely be reduced if the payor spouse has another child, the existing child support obligations will be taken into account should the payor spouse face a child support obligation for the new child. This is because the child support guidelines take into account whether the paying parent supports other children on his or her income. In other words, having more children may not impact an existing child support order, but an existing child support order may very well impact other child support orders a parent is obligated to pay.

Florida Family Law Attorneys

The laws surrounding child support obligations are complex and detailed. They are also, however, important to understand as this is an essential part of understanding your rights and obligations regarding the payment and receipt of child support. For answers to your child support questions, the knowledgeable team at Orlando Family Team has answers for you. Contact us today.

Often, a child support order is put in place after a divorce where there are children involved, although it can be put in place under other circumstances as well. Regardless of whether parents are married, separated, divorced, or were never married in the first place, both parents remain financially obligated to provide for their child. If you have been ordered to pay child support by a court, you may have questions about how you can make your child support payments. How and when to make your court order child support payments is critical to your compliance with the order and is, therefore, to get straight right away.

Can My Ex Pay Cash for Child Support?

First, you should review the child support order which either establishes or modifies child support and it may very well state how the judge has ordered you to pay your child support obligation. In the absence of such a directive, the parties are often able to determine how child support payments should be made. Both parents could decide that cash, check, money order, or direct deposit works as far as making child support payments is concerned, if they have agreed that a direct payment should be made to the supported parent.

Direct payments have the advantage of being faster. Without a middleman or third party, the supported parent receives the payment right away. That being said, however, the lack of third-party oversight means that the supported parent will need to handle things like late payments and other payment issues on his or her own. This can not only be stressful, but also put a strain on the co-parenting relationship.

If you and your co-parent have determined that direct payment works best for you both, then consider keeping a record of child support payments. This kind of documentation could prove very useful in the event of a child support dispute. You may even be able to go back to court to request payment through a third party if direct payment does not end up working out.

If the court order has established that child support payments should be paid via a third party, the payments will be handled by the State Disbursement Unit, a branch of the Florida Department of Revenue. To make a payment through the State Disbursement Unit, the obligor parent can pay with a credit card or bank account. Alternatively, payments can be made through the mail by cash, check, or money order. Sometimes, payments may be made via income deduction from the obligor parent’s employer.

Florida Family Law Attorneys

Whether you are to receive payments via cash, check, or money order, and receive either direct payments or payments made through the State Disbursement Unit, you should be receiving child support payments in a timely manner and that are paid in full. If child support payments are becoming an issue, there are enforcement options at a court’s disposal. If you are struggling to make child support payments, you should consider pursuing a modification of a child support order right away. Talk to the knowledgeable team at Orlando Family Team about your options. Contact us today.

While a private party may take steps to enforce a child support order through filing a child support action in court, it is not uncommon for the Department of Revenue to seek child support payments. There are several reasons why the Department of Revenue would bring a child support action. Should you find yourself on the other side of a Department of Revenue child support action, beware of the range of enforcement mechanisms at the disposal of the Department of Revenue.

When the Department of Revenue Brings a Child Support Action

There are different categories of Florida child support orders. One such category is Title IV-D child support orders. The Florida Department of Revenue is tasked with enforcing these orders. The specific circumstances of a situation will dictate which category a certain child support case falls into. Title IV-D cases include those where the custodial parent who is entitled to receiving child support requests or receives assistance from the Florida Department of Revenue in an attempt to collect owed child support payments from the obligor parent.

The most common reason the Florida Department of Revenue would bring a child support action is when the custodial parent is the recipient of state benefits, or public assistance, such as Medicaid and food stamps. The Department of Revenue gets involved in these types of cases because many parents must look to receiving government benefits when they fail to receive the child support payments they are owed. Payments from the obligor parent are sought in order to alleviate the custodial parent’s reliance on public assistance, such as food stamps, and, in turn, alleviate the burden that eventually falls on taxpayers.

This is one reason why applicants for public assistance must disclose whether they have a child. They must also disclose whether the child lives with them, meaning whether they are the custodial parent, and whether or not the other parent lives in the same household. If the applicant discloses that he or she is the custodial parent of a child and the other parent does not live with them, then the Department of Revenue is likely to pursue the other parent for child support.

Should an obligor parent fail to pay court-ordered child support, the Florida Department of Revenue has an array of enforcement tools at its disposal. For instance, the Florida Department of Revenue may:

• Mail notice of late payment to the obligor’s address in order to inform him of the unpaid child support obligation
• Mail notice to the obligor’s employer instructing them on withholding wages for child support payments
• Suspend the obligor’s driver’s license
• Suspend business, professional, hunting, or fishing licenses of the obligor
• Deduct child support obligation from workers’ compensation benefits
• Garnishment of bank accounts or other financial accounts

Florida Family Law Attorneys

Should the Florida Department of Revenue pursue an enforcement action against you for unpaid child support, you need to secure legal counsel as soon as possible. The dedicated child support attorneys at Orlando Family Team can help protect you from being subjected to some of the strict enforcement mechanisms at the Department’s disposal. We will always stand by your side and protect your best interests. Contact us today.

Calculating child support in Florida is based on the “Income Shares Model.” This means that Florida courts apply a statutory formula to estimate how much will be spent on caring for the children based on the income of both parents. The formula used in Florida’s child support guidelines takes the income of each parent and takes all applicable deductions. Then, the amount of timesharing between the parents, based on the number of overnights, is accounted for to reach a base child support amount. From there, the pro rata childcare costs of each parent as well as health insurance expenses is calculated. Employing this formula means that the Florida child support calculation is relatively straightforward. It is an important issue that can have a major impact on the parents and families involved. That is why it is a good idea to review the process for calculating child support and estimating what you might end up owing or might end up being owed.

Are There Caps in Child Support?

There is no actual cap on the amount of a person’s monthly child support obligation. The statutory formula used to calculate a child support obligation, however, means that the obligation should never exceed a person’s ability to pay. The court will review the standard of living of a child prior to divorce and set up the calculation in a way that the child will continue to enjoy the same or similar standard of living after divorce. Also, the court works to ensure that the payments are fair relative to the paying parent’s income level. This is because a parent’s ability to pay is a central factor in the child support calculation.

To start the calculation, the gross monthly of both parents is calculated by including things such as salary, bonuses, interest earned, dividends received, disability benefits, unemployment compensation, and spousal support, among other sources of income. Some things, such as income tax, will be deducted from the gross monthly income. The child support guidelines then evaluate how many overnights the child will spend with each parents pursuant to the established parenting plan. Health insurance costs and out-of-pocket medical expenses are included in the child support calculations along with any childcare costs such as daycare or afterschool care.

As you can see, while there is no set amount regarding a cap on child support in Florida, the child support calculation is based on firm, objective numbers. Because of the formula, the child support obligation should never end up exceeding a parent’s ability to pay. The court has some discretion to deviate from the child support guidelines, but does not have very wide latitude with this. The court may vary within 5 percent of the child support amount generated by the guidelines. If the court wishes to vary more than 5 percent, then a written order must be drawn up with an explanation as to why the guideline payments would be insufficient or otherwise inappropriate.

Florida Family Law Attorneys

While the child support formula employed by Florida courts seems relatively straightforward, it can also be complicated, particularly if you are not used to this kind of legal proceeding. The dedicated child support attorneys at Orlando Family Team will not only explain the entire process to you, but are here to advocate for your best interests and those of your family. Contact us today.

The coronavirus pandemic has closed down much of the U.S. economy. In the state of Florida, a large percentage of workers have either been laid off or furloughed until further notice. Many individuals in this category are not only worried about how to survive without a paycheck, but about how this enormous alteration of their finances will affect how much child support they will receive or be expected to pay. 

If you are troubled by your new status as a furloughed employee, your best bet is to consult with a strong Florida divorce attorney like Orlando Family Team. No matter whether you are unable to meet your child support responsibilities, or conversely, are afraid you won’t be able to pay your bills without incoming child support payments, our empathic attorneys will provide you with emotional support and realistic options.

What exactly does being furloughed mean?

A furlough is essentially a mandatory suspension from work during which the employee is not paid. Furloughs usually affect a particular business because of a specific calamity (like a fire), or affect a type of business when there are economic reversals for a particular industry. In the first half of 2020, however, because of a pandemic unlike anything seen during the past century, a very high percentage of businesses have shut down, leaving over 17 million Americans unemployed. 

In Florida, Walt Disney World Resort in Orlando has been one of the places hardest hit. Seventy-thousand workers from that one corporation are right now relying on unemployment for sustenance. It should be noted that unemployment is funded by the federal government, but administered by the states. The Florida State Unemployment Assistance Program measures up poorly against most other states, allocating only $275 a week for 12 weeks to eligible recipients. Forty-thousand of those let go by Disney have been furloughed.

Furloughed Workers Are in a Double Bind

Private employees on furlough usually consider applying for unemployment insurance or taking temporary jobs to see them through. Unfortunately, if a privately furloughed employee takes either of these actions, he or she is usually responsible for paying back any monies received as soon as the furlough is over. To add insult to injury, divorcé(e)s responsible for paying child support continue to be held accountable for any support payments they miss, along with penalties for lateness. Government workers on furlough have an advantage here since they maintain unemployment rights and cannot be fired or replaced without due process during their furloughed tenure, which may last for up to a year.

Furloughed employees, even those who work for private companies, have an expectation that they will return to work. In most cases, the employers will either provide the furloughed employers with a specific date of the expected return or indicate that they will be able to resume past duties when they have fulfilled a required task, such as obtaining a certification. During the pandemic, though, furloughs almost uniformly occur because businesses cannot afford to pay their employees during a period during which they cannot maintain their bottom line.

Much Remains Unknown

As of only a few months ago, most of us were living in a different world. COVID-19 has brought with it a tremendous amount of turmoil, but it has also brought a determination to adapt to our new environment. The answers to many of our questions, including those concerning how child support is affected by employee furloughs, can, for the moment, only be answered tentatively. New legislation is being conceived and enacted practically daily and it will take more time for the law to catch up with our new reality.

One thing is for sure — your children must be supported. That need won’t change. It is possible, though, that laws will be amended to make room for increased flexibility during this period of great struggle. For example, suppose you are a child support payor and your wages have been garnished because you were delinquent in previous payments. If now, as a government employee who has been furloughed, you are not receiving a paycheck from which the state can withhold child support due, will you still be charged exorbitant penalties (as much as 10 percent compounded) for lack of payment?

In order to understand the most recent legal developments to divorce law, and how they will affect you and your child support, it is best to consult with a dependable divorce lawyer. In the face of all the changes that have come to the state of Florida, the United States, and the world in the past few months, it is difficult to predict what will happen next. It seems that the more the population struggles, the more likely the courts are to make pragmatic exceptions. This may tilt new legislation in favor of the payor of child support. Nonetheless, all children have the right to be fed and clothed and protected from danger, so we’ll have to wait and see. 

To Best Protect Yourself and Your Children, Contact Orlando Family Team 

For your own safety and the safety of your children, it is crucial that you get proper legal counsel from a team with a reputation for being trustworthy and dedicated to their clients. Contact Orlando Family Team. We are committed to protecting your rights while making certain your children are provided for during the pandemic. 

COVID-19 has unquestionably changed the world for everyone, including divorced parents. Whether you have recently divorced or have long ago settled into the somewhat unsettling routine of child custody, child support, and parenting time, the pandemic may have already affected you financially. The recent Coronavirus Aid, Relief, and Economic Security (CARES Act) has been created to give those harmed the most some measure of financial relief, but how will it affect you?

You may have lost your job or are working remotely. You and your ex no doubt have to rethink childcare arrangements since many daycare facilities and schools are now closed. Now that you may be getting a stimulus check from the federal government, you are wondering how your divorce status will affect your potential benefit. Will you have to pay a portion of it in child support? This is a good time to get in touch with Orlando Family Team where our knowledgeable attorneys can provide you with information and support.

What Stimulus Checks Are Designed to Accomplish

In view of the fact that so many Americans are experiencing severe financial (not to mention physical and emotional) pain during the pandemic, a $2 trillion economic stimulus package has been legislated by the federal government. 

What Stimulus Checks Pay

The plan is to send $1,200 to each single adult who reported a gross income of under $75,000 for 2019. Single parents designated heads of households will receive $1200 if their income does not exceed $112,500. Married couples who filed jointly will receive $2,400 if their combined income is under $150,000. Payments diminish if individuals or couples exceed the income limit, their stimulus check decreased by $5 for every $100 above the limit. Each payment, however, has a cap on income above which no stimulus will be given. 

But what about those who are divorced? When parents are divorced, whichever parent claims the child as a dependent will receive an additional $500 for each child under 17.

If You Are Already Divorced

Because most divorce decrees include stipulations that joint tax refunds will be recognized as an asset to be equitably distributed, it seems fair that if you filed a joint tax return, a stimulus check based on your family’s pre-divorce status would be divided 50/50. But what happens if the check is automatically deposited in your ex’s bank account? While many ex-spouses will share the amount received, some will not. Then the question for the excluded spouse will be: Is it worth the monetary cost and emotional turbulence to engage in a legal battle to obtain my share of the stimulus check? Your trusted divorce attorney will be able to help you answer this question in your particular case.

If You’re Not Yet Divorced

If you’re in the process of negotiating your divorce, your attorney will make sure the handling of the stimulus payment is addressed as part of your final agreement. It should be noted that rumors stating that your stimulus will have to be returned next year by forfeiting your tax refund are completely false. Stimulus checks will not be taxed, now or in the future.

How do stimulus checks affect child support payments?

While the CARES Act suspends certain debts, including overdue student loans or back taxes — which, under ordinary circumstances could have led to garnished wages or tax refunds — delinquent child support payments are in a completely different category. 

Because the federal government always makes child support a priority, stimulus checks may be seized to pay back child support. As a matter of fact, child support is the only obligation that subjects stimulus payments to the Treasury Offset Program (TOP). Even if you are experiencing financial hardship, no exceptions to this provision will be made. The process, however, is cumbersome and results in delays: the amount reduced or withheld for owed child support will go back to the state, and only then will a new check be issued to the parent who is owed child support. 

The Takeaway

If you owe back child support and expect to receive a stimulus payment, you should be aware that your debt will offset that check for the amount you owe. In other words, depending on how much child support you owe, you will either not receive a stimulus check at all, or you will receive a check for a lower amount. If you feel that you don’t owe the back child support that has been reported, or if your ex refuses to pay you your half of a couple’s stimulus check, you should contact Orlando Family Team for clarification and legal guidance. 

In the State of Florida, parents have an obligation to financially provide for their children. This obligation is in place regardless of whether or not the parents are married. That is why child support comes into play during divorce proceedings. When determining child support, a judge will follow a strict set of guidelines.

What Is Considered When Determining Child Support?

Pursuant to Florida law, courts follow an “Income Shares Model” in child support calculations. This means that courts estimate the amount of money the parents would spend on the children should the family be living in one household intact. This amount is then divided between the parents based on their respective income levels.

The Florida Child Support Guidelines are used to calculate child support payments. In order for the guidelines to be completed, each parent must file financial affidavits and exchange them with each other. These affidavits are used to verify the income and expenses of each parent. The information provided in the affidavits is used to fill out the Child Support Guidelines Worksheet. What the guidelines do is calculate the child support obligation based on the number of children and the combined net incomes of the parents. The combined net incomes include the gross income of each parent with allowable deductions subtracted. The gross income amount includes the majority of different types of both earned and unearned income. For instance, gross income will include things like:

• Wages/Salary
• Commissions
• Bonuses
• Dividend payments
• Interest
• Workers’ compensation benefits
• Retirement benefits

Deductions that may be taken to reach the net income of a parent include:

• Federal income tax deductions
• Qualifying health insurance premiums
• Social Security payments
• Spousal support payments (alimony)
• Court-ordered child support payments (for children from previous relationships)

The information provided in the financial affidavits are entered into the Child Support Guidelines Worksheet in order to arrive at the basic child support amount. This basic child support amount is then allocated between the parents in proportion to each other’s income. In addition to income, the allocation will depend on things like custody and visitation. For instance, the annual number of overnights with a parent will be relevant to the calculation.

Judges do not have much ability in deviating from child support guidelines. In fact, a judge only has the ability to vary within five percent over or under the guidelines and this is only under certain circumstances. When deviating from the guideline amount, it must be deemed necessary based on factors that include things like a parent’s ability to pay and the special needs of the child.

Florida Child Support Attorneys

Child support calculations are complex and there are a variety of factors at play. Child support payments can have a significant impact on the finances of both the payor and the recipient. It is important that you are aware of your legal rights and obligations. The trusted Florida child support attorneys at the Orlando Family Team will answer your child support questions and concerns. Contact us today.