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State and local authorities help administer child support in Florida and across the US. These authorities receive federal support from the Child Support Recovery Act (CSRA), which legislature passed in 1992 to hold non-payers accountable beyond state laws. Furthermore, the Florida legislature established the Deadbeat Parents Punishment Act of 1998 to create new categories of offenses where extreme child support cases could fall under federal law and felonies.
Therefore, even though this is a state matter, one who willfully abandons court orders for completing child support payments could result in more significant consequences. Each state has specific departments and agencies that deal with child support. In Florida, the Department of Revenue deals with child support collection and relevant issues.
General Information on Florida Child Support
Q: What factors do courts consider when calculating child support in Florida?
A: Courts will consider the child’s age, living standards, each parent’s income, and their ability to care for a child when determining the child support amount. If the child is spending a considerable amount of time with one parent, that will also impact the amount a court requires a parent to pay.
Q: What can child support cover?
A: Child support covers food, grocery expenses, clothing, and education costs for the child. Education costs for a child can extend to tuition, school supplies, after-school activities, medical fees, and extracurricular activities.
Q: Once a child turns 18, do they still need child support?
A: Typically, Florida legislature only requires child support until the age of 18. However, there are exceptional cases where the parent needs to continue the payments. For example, if the child has specific disabilities or is 18 but still in high school, the court may require the continuation of the payments. If one wants to terminate the required payments, they may legally file for it.
Q: Is an attorney needed for a child support case in Florida?
A: While an attorney is not required, having legal aid may help better understand the case and figure out how much each parent should be paying or receiving, as well as solve any complications that may arise during the hearing.
Q: What if the child support order is from another state?
A: For Florida to enforce the order, the Child Support Program needs a copy of the official court order. If the parents do not have a copy of the order or they cannot retrieve it, the program will need additional information. This information also includes each parent’s living and mailing addresses. Under the condition that one parent resides outside of Florida, one may need to contact the Child Services department of their state as well.
Taxes and Financial Information
Q: What do Florida courts consider “income”?
A: Income includes:
- Salary
- Wages
- Bonuses
- Commissions
- Overtime and tips
- Disability/unemployment/ social security benefits
- Pension or retirement plans
- Interests
Q: What if a parent is currently paying child support from another marriage?
A: If a parent currently pays child support from another marriage, the total amount they pay may not exceed 55% of their income.
Q: What does it mean when the court “imputes” income?
A: If the court imputes a parent’s income, it simply means that they assume the parent has a certain income. This assumption is regardless of whether the parent has such an income it or not. For example, suppose a court requires parent A to pay a set amount in child support. Parent A then decides to leave work until the settlement is complete to pay a lesser amount. If Parent B reveals this plan to the court, the court may require the same or a higher amount of child support despite Parent A’s “unemployment.” The court may also impute income if it seems that either party is being dishonest about their overall financial situation.
Q: Are there any deductions allowed?
A: There are certain deductions allowed when calculating child support. These include but are not limited to health insurance costs, federal/state/local tax deductions, daycare costs, mandatory union fees, spousal support from a previous marriage, and obligatory retirement plans.
Q: Does child support impact taxes?
A: The parent getting child support is not required to pay taxes on the payments received. The parent paying at least 50% of the child’s support throughout the year may claim the child as a dependent for federal tax purposes.
Opening a Florida Child Support Case
Q: How can one open a child support case?
A: In Florida, one may apply to the Department of Revenue’s Child Support Program online to open a case.
Q: What happens after applying?
A: The Child Support Program will contact the parent who applies if more information is needed. If the parent responsible for the payments is absent, the Child Support Program will also help locate them.
Modifying Child Support
Q: Under what circumstances would the court modify the required amount?
A: If there is an increase in income or expenses due to medical conditions or external factors, the court may revisit the case and increase the payment amount.
Q: If one remarries and has another child, will the payments be modified?
A: Florida courts, and generally across the United States, only modify payments in extraordinary circumstances. Having another child in the future is not one of them. If the parent responsible for paying the support remarries, the court will still use the same method to determine payment amounts, which they base on the child’s needs and living standards.
Q: How can a parent ask the court to increase the amount of the payment?
A: A parent may ask for an increase only if it is by at least 15% or $50 (whichever is greater). Minor changes to each parent’s status do not make a massive difference. Therefore, there needs to be substantial evidence that the increase is necessary to impact support for the child.
Contact Pride Legal
If you or a loved one are dealing with child support issues, we invite you to contact us at Pride Legal for legal counseling or any further questions. To protect your rights, hire someone who understands them.
