Melbourne, FL Child Support Attorneys Explain Your Rights and Obligations
What you need to know about obtaining, paying and enforcing payments
Florida law makes each parent responsible for providing financial support to their children. The state legislature has enacted guidelines based on both parents’ income and the number of children, with adjustments for any imbalance in overnight stays. Tucker Mitnik, P.A. helps clients get fair orders for child support by ensuring that both parties present accurate financial statements that fully disclose their income. After the court makes its initial ruling, we can assist with enforcement of delinquent payments and modification hearings based on a substantial change in a parent’s financial circumstances.
What type of expenses is Florida child support designed to cover?
Basic child support covers the expenses of providing food, shelter, clothing, medical care and daycare for a child. Following a divorce, many parents wish to reduce expenses due to the additional cost of maintaining separate households. Conflict can arise when one parent wants to continue private school education for the children, but the other parent no longer wants to pay for it. In such cases, the court will apply a three-part test to determine if ordering payments for private school tuition is appropriate:
- The obliged parent has the ability to pay for private school.
- Such expenses are in accordance with the family's customary standard of living.
- The expenditure is in the child's best interest.
Similar arguments can be made for adding the cost of sports, enrichment activities, extracurricular activities and even summer camp to a child support order.
How does the state of Florida facilitate child support payments?
Because of the complications and additional expenses that arise from unpaid child support, the Florida Department of Revenue provides e-services that allow for automatic transfer of payment from the obligated parent to the recipient parent. Depending on the parents' circumstances, the court may order enrollment in the program.
How long is a parent obligated to pay child support in Florida?
Florida child support obligations last until the child reaches the age of 18, marries, is emancipated, joins the armed forces or dies. However, a court may rule that payment of college tuition is appropriate. If the recipient parent remarries, the obligated parent must continue to pay child support. However, if the recipient’s new spouse wants to adopt the child, the obligated parent may terminate parental rights and obligations, including any claim to child custody or visitation, paving the way for that adoption. At that point, the obligated parent no longer has to pay child support.
Contact Tucker Mitnik, P.A. for child support advice and representation in Melbourne, FL
A child support order that does not reflect your true financial status or the standard of living to which you have become accustomed can cause hardship for you and your children. Tucker Mitnik, P.A. presents your facts persuasively to help the court make a fully informed ruling. To schedule a consultation, call us at 321.392.5239 or contact our Melbourne office online.