In the Sunshine State of Florida, either parent physically living in the state can petition the courts for child support or request it during a divorce or paternity case. The amount of child support funds is determined according to guidelines outlined in Florida statutes, which take into account various factors and situations such as but not limited to:
- The number of children
- The combined net monthly income of both the mother and the father
- Daycare costs
- Health insurance needs for each child
- The number of nights each parent spends with the child or children based on the parenting plan
Whenever possible, Florida courts will require parents to provide medical and dental insurance for their children, and in certain situations may also mandate life insurance in an amount that reflects the child support obligation.
If a parent is voluntarily unemployed or underemployed, the court may impute income to that parent based on their recent employment history and prevailing wage levels in the community, unless it’s essential for the parent to stay home with the child.
Modification
Either parent can request a modification of child support order when the circumstances or the financial ability of either party changes or the child who is a beneficiary of an agreement reaches majority. The requesting party must show that the modification will increase or decrease child support by 15% or more.
It is crucial to file for modification immediately when these changes occur, as the modification will only apply from the date of filing onwards—it will not affect child support owed before the filing date. If one parent experienced a significant change in circumstances, it’s important to contact a knowledgeable Florida family law attorney such as the attorneys at Lungarelli Law as soon as possible.
Enforcing a Child Support Order
If a mother or father fails to make the required child support payments, several enforcement options are available. The court may hold the parent in contempt. They could also suspend their driver’s license, or even place a lien on their property. Additionally, the Florida Department of Revenue could take action, and seize a parent’s driver’s license, passport and/or bank account.
