Tampa Child Support Attorney
Information About Child Support in Tampa
The Florida Child Support Guidelines and the explanatory text accompanying them are found at Florida Statutes (F.S.) 61.30. Separate and apart from the guidelines and calculation instructions, 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. The obligation falls on both parents, although not often equally. The payment of child support is intended to meet children's needs, even though paid through the other spouse, as the conduit for the money. The question is not "How much must I pay my Former Spouse for child support?", but rather how much should I pay through my Former Spouse for support of 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 parties make to guidelines of 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 somewhat equally. 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.
Our child support attorneys will guide you through this maze of mathematics, from the integral start point of determining the incomes of the parties to be used, through the myriad adjustments to be made, until we finally arrive at the fair and correct figure.
Contact a Tampa Child Support Lawyer at Givens Divorce Law Group today.