Child Support Law

The Guidelines provide a very specific formula for identifying the amount of child support obligations. They’re based on the income of each parent, and adjusted for the number of children involved, the amount of time the children spend with each parent, and other factors. Whatever child support obligation the Guidelines indicate for the calculations that reflect your circumstances will be presumed to be the obligation that is actually paid or received.

The presumed child support amount can be further adjusted by a Family Court judge when one parent or the other shows special circumstances that justify an upward or downward revision. These circumstances might include child support obligations for a child from a previous marriage or relationship, a serious medical or health condition of either the parent or a child, or ongoing special needs of a child that the Florida Child Support Guidelines do not consider.

Most divorcing spouses will get a specific idea of their child support rights and obligations through performing the Guidelines calculations, so that it’s usually easy to reach an agreement concerning the amount and timing of child support payments. Because the court will very likely make a child support award in that amount anyway, there’s little point not to agree to the Guidelines amount.

In certain cases, however, where the parents have a legitimate disagreement about whether special circumstances should result in an increase or decrease in child support, it makes sense for your attorney to prepare the dispute for mediation and perhaps even a formal contested hearing in Family Court. Whenever the parents can’t agree about child support, they are required to try to resolve the issue in mediation before the judge will hear the case. As a divorce lawyer, I have the experience and negotiating skill to make sure that your strongest case is presented effectively both in settlement discussions and in mediation. When necessary, I can also make your child support arguments in court.