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Your Florida Family Law Resource
Child Support

 

Child support is a regular payment from one parent to the other after a divorce or separation.  It provides for the daily expenses of raising a child and may include day care, education expenses, health insurance and college funding.  Child support is determined as part of a divorce settlement, or in cases involving children out of wedlock, paternity must be established before child support can be imposed.  The amount of child support is based on the incomes of both parents and how much time the child spends with each parent. The court may at any time order either or both parents, who owe a duty to support the child, to pay support with the child support guidelines.  Several factors may be considered:

 

  • Income of the parent without custody (ability to pay);
  • Income of the custodial parent (how much financial support is needed);
  • General child care costs (medical/dental insurance and prescription medications);
  • Needs of the children (special, medical, or educational needs); and
  • The child’s standard of living before the divorce.

 

Modification:

 

If either parent has experienced a substantial change in income, the other parent can petition to modify the level of support.  This could include a raise or promotion, or a decrease in earnings or unemployment.  Child support can also be modified if the financial burden of raising a child increases.

 

Enforcement:

If the other parent is not meeting child support obligations a court can compel the other parent to fulfill their court ordered duties.  Florida child support laws provide several remedies, including contempt of court proceedings, wage garnishment, and bank liens to collect unpaid child support.

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