Child Support Attorney in Orlando, Florida

When it comes to child support matters in Orlando, Florida, having an experienced attorney who understands both the legal nuances and emotional challenges can make all the difference. At Reese Legal in Orlando, we focus on delivering clear, effective legal solutions for parents working through the difficulties of child support issues. 

Whether you need assistance establishing, modifying, or enforcing a child support order, Attorney Michael Reese is dedicated to protecting your rights while helping make sure the best interests of your child are upheld. With knowledge of Florida's child support laws, we provide the professional guidance you need.

How Is Child Support Determined in Florida?

Child support calculations in Florida are primarily based on the Income Shares Model. This model is designed to make sure that the child receives the same proportion of parental income as if the parents were living together in a shared household. 

The guidelines set by Florida’s Department of Revenue (DOR) are used to determine the amount of child support as well as four key steps.

1. Determine Each Parent’s Income

Gross income includes all sources of income such as wages, salaries, commissions, bonuses, rental income, social security benefits, and disability payments. It's important to note that the court will consider both actual income and imputed income. 

Imputed income refers to the amount a parent could be earning if they were working at a reasonable job, especially in cases where a parent is underemployed or voluntarily unemployed.

2. Apply the Child Support Guidelines

Florida’s child support guidelines provide a formula for calculating the basic child support obligation based on both parents’ combined gross income and the number of children involved. 

The guidelines provide a set amount of support for different income brackets and adjust based on the number of children. The support obligation is then divided between the parents in proportion to their respective incomes.

For example, if one parent earns 60% of the combined income, that parent will be responsible for 60% of the total child support amount, while the other parent will pay 40%. This helps to make sure that the financial burden of child support is shared equitably according to each parent’s ability to pay.

3. Consider Other Factors

While the child support guidelines provide a standard calculation, other factors may be considered in the final determination of child support. These factors include:

• Health insurance: The parent who provides health insurance for the child may be credited for this expense in the child support calculation.

• Childcare expenses: Both parents may be required to contribute to the cost of childcare, particularly if the parents are both working.

• Special needs: If a child has special medical or educational needs, these expenses may be factored into the child support amount.

• Overnight parenting time: If a parent has more than 20% overnight parenting time with the child, it can reduce the child support obligation. This is because the parent with more parenting time may be incurring additional costs related to raising the child.

While accounting for these additional factors, Florida courts also consider the parenting plan when determining child support. 

4. Adjust for the Parenting Plan

A parenting plan outlines the time-sharing arrangement between parents and can impact how child support is allocated. Generally, the more time a parent spends with the child, the lower their child support obligation may be, but this isn't always the case if there are significant disparities in income.

If you're struggling to make sure that a child support order is being properly followed, understanding the enforcement process is crucial to securing the financial support your child needs. Our experienced Florida family lawyer is here to address your questions and guide you through every step of the legal process.

Enforcement of Child Support Orders in Florida

Florida has a comprehensive system for enforcing child support orders through the Florida Department of Revenue (DOR) and the Child Support Enforcement Program (CSEP). If either parent fails to follow the child support order, the state may move forward with the following:

1. Wage garnishment: One of the most common methods for enforcing child support payments is wage garnishment. The DOR can automatically deduct child support payments directly from a parent’s paycheck. This helps to make sure that payments are made regularly and without delay.

2. Intercepting tax refunds: The DOR can intercept a parent’s state or federal tax refunds to satisfy past-due child support obligations.

3. Liens on property: In cases of significant arrears, the DOR may place liens on a parent’s property, including real estate or bank accounts, to secure the payment of overdue support.

4. Driver’s license suspension: If a parent fails to comply with a child support order, the DOR has the authority to suspend their driver’s license, making it more difficult to work and thereby incentivizing compliance.

5. Contempt of court: If a parent consistently fails to pay child support, the other parent may file a motion for contempt of court. If the court finds that the non-paying parent has willfully violated the child support order, the judge may impose penalties, including fines, jail time, or other sanctions.

When one or both parents are struggling with the child support order, it may be necessary to modify the order. Attorney Michael Reese can help you work through this process to make modifications that much easier for you.

Modifying Child Support in Florida

Child support orders aren't set in stone. Parents can request modifications to the child support amount under certain circumstances, particularly if there has been a substantial change in circumstances, such as:

1. Change in income: A significant change in either parent’s income (such as a job loss, promotion, or reduction in work hours) may warrant a modification of the child support order.

2. Change in parenting time: If there is a change in the parenting plan, such as one parent obtaining more time-sharing or the other less, it may impact the child support calculation.

3. Changes in the child’s needs: If a child’s medical or educational needs change, such as the child requiring special medical care or an increase in childcare expenses, the child support obligation may be adjusted.

4. Substantial time elapsed: Child support orders are generally reviewed every three years. If there has been a significant change in circumstances, either parent can request a review by the DOR or the court to determine if the child support obligation should be adjusted.

Child support law in Florida is designed to make sure that children receive the financial support they need from both parents, regardless of whether the parents are together or separated. Enforcement mechanisms help make sure that parents fulfill their financial responsibilities.

Given the challenges of child support calculations and enforcement, parents often benefit from legal counsel to work through the child support process in Florida.