Child Support
When children are involved in a divorce or separation, many important issues are involved, such as time sharing and child support. If both parents cannot reach an amicable resolution with regard to these issues, the Court will make a decision based on the applicable laws of the State of Florida.
Determining Child Support in Florida
Florida, like many other states, uses guidelines in order to establish a party's child support obligation. Florida Statute 61.30 requires guidelines to be used in establishing new child support obligations or modifying child support in a Florida court. The Florida guidelines take into consideration all income and earnings of both parents, as well as health care and child care needs. These numbers are placed into a worksheet to obtain a party's child support obligation.
The Court may deviate from the guidelines if there is a written finding in the court record that the guidelines in the particular case would be inappropriate. The finding must include the amount of support that would have been required under the guidelines and a reason why the order varies.
Obtaining Child Support
Paying child support is a tremendous responsibility. The payments that are made are distributed to the custodial parents to ensure that their children have what they need to live a comfortable life. Child support laws differ from state to state, but in all regions and jurisdictions, non-custodial parents must pay according to the support order or face legal consequences.
In divorce cases, child support payments may be determined as part of the divorce settlement, along with other issues, such as alimony, custody and visitation. In other cases, there are several steps that must be undertaken to receive court-ordered child support. Some custodial parents may hire lawyers to oversee their child support cases for them; others may file their own applications in their local courthouses.
The custodial parent, or his or her attorney, must file an application to have the child support case heard by the court. The applications vary from state to state, but generally collect identifying information about both the custodial and non-custodial parents, including their names, social security numbers and dates of birth. Court fees vary from state to state, but can cost up to $25 USD. If the custodial parent is receiving any type of assistance from the state or federal government, the application fees may be waived.
Before the case can proceed, the non-custodial parent must be physically located. If the non-custodial parent's social security number is known, he or she may be located through employment, banking or tax records. Other non-custodial parents are found through information provided by family or friends. Private investigators and "people finder" databases can also be used to locate non-custodial parents.
Once the non-custodial parent is located, he or she will be visited by a local sheriff, police officer or process server and served with a court summons. The summons informs the non-custodial parent that she or he is being sued for child support. Once served, the non-custodial parent must attend a mandatory court hearing to determine if he or she is responsible for child support payments.
If a non-custodial parent denies fathering the child, or if he is not listed on the child's birth certificate, the court will order a paternity test to establish paternity before proceeding with the child support hearing. Once the identity of the father is confirmed through DNA testing, the child's birth certificate may be amended to include the father's name. The father may also acknowledge paternity by signing a statutory declaration of acknowledgement form.
After the responsibility for child support is established and questions of paternity have been answered to the court's satisfaction, the court will order the non-custodial parent to make timely child support payments.
In addition to monetary payments, non-custodial parents may be ordered to add their children to their health insurance plans. In some states both parents are responsible for providing medical insurance for the child/children. If both parents possess health coverage, the child may be added to the more beneficial plan, or use one to supplement the other. If a non-custodial parent is ordered to pay health benefits for the child/children, it will automatically be garnished for their wages. Non-custodial parents in the armed forces may also be requested to apply for dependents' cards for military benefits and health coverage for their children.
Many American universities also consider non-custodial parents to be partially responsible for paying college costs, and will consider their income in their financial aid determinations. In certain states, non-custodial parents may be ordered by the court to assist with these expenses.
The age at which child support payments end differs by court order and by state. In some jurisdictions, payments may cease when the child turns 18 or graduates from high school, whichever happens last. In other states, or under other court orders, non-custodial parents may be responsible for payments until the age of 19 or 21. If a child seeks legal emancipation support may also be terminated. If the non-custodial parent owes back child support, he or she must continue to make payments until the debt is satisfied, regardless of the age of the child.