What is child support?
You and your spouse each have a responsibility to support your children in accordance with their needs and your financial abilities. Support may be by direct payment or by indirect benefits, such as mortgage payments, insurance, or medical and dental expenses. The obligation to support your child normally ends when that child reaches 18 years old, marries, or becomes financially independent.
Who can receive the child support money?
The person with whom the child lives can receive the money. This may be a parent, relative, or another person who is caring for the child and paying the child's expenses. The child has a right to receive the child support, regardless of who the child lives with.
How is the child support amount determined?
In Florida, the amount of child support is governed by the guidelines established by section 61.30 of the Florida Statutes. The dollar amount is a guideline based on the number of children and the combined income of the parents. The support obligation is then divided between the parents in direct proportion to their income and earning capacity. The parent where the child resides, known as the custodial parent, is the recipient of the established support by the non-custodial parent.
How long will it take to obtain a support order and receive child support payments?
The length of time depends on the unique circumstances of each case. If you follow the procedures defined and submit information in a timely manner, the process is relatively quick. There are factors that can delay or make the process more complex: paternity establishment, difficulty locating non-custodial parent, a party lives in another state, and even scheduling court hearings.
How is child support enforced?
Except in special circumstances, an Income Deduction Order will be entered that will require the employer of the parent paying child support to deduct the support from the paying parent's paycheck and send it
directly to a central depositor, which will keep track of the payments and forward the funds to the receiving parent.
What happens if a spouse fails to pay child support?
Failure to pay child support when it has been ordered is enforceable contempt and willful failure to pay may result in a person being jailed. A judge may also put a lien against the non-payer's property. If you have questions or issues, contact an attorney or the Florida Department of Revenue of the Child Support Enforcement Center at http://www.myflorida.com/ or call 1-800-622-5437.
If my child support was entered in another state, can my order be enforced through Florida?
Yes, it often can. Having a certified copy of the support order and payment history can help expedite a case. If you do not have a certified copy of the order, you will need to identify the court or agency and the county/state in which the support order was obtained and the approximate date of the order. You will thereafter need to domesticate the order in a Florida Circuit Court, using an experienced family law firm such as Lapina & DuBois, P.A. to work with you through this process.
Can I modify an existing child support order?
If substantial changes have occurred since your support order was entered, you may request a review through an attorney or by the Department of Revenue. Modifications may be made to increase, reduce or suspend based on a judge's review of the case. In some cases after review no adjustment will be made. The process time from request for review to modification can take up to six months which is often dependent on the number of requests received and court availability.
I want to file for divorce, but I am fearful of how my spouse will react when they get "served" with papers. Do we have to "serve" him/her?
Yes, your spouse must be served (possibly through their attorney if they have one). However, we will advise you as to all the steps you can and must take in the event you feel threatened in any way. Your protection and the protection of your child(ren) is of utmost importance to this firm. We understand the problems that arise and are here to assist you as you move forward.