West Palm Beach Child Support Lawyer
The amount of child support to be paid is a highly contested issue in many divorces. Child support also must be determined for parents who are unmarried. Child support payments have a major impact on your children’s quality of life as well as your own financial future. To make sure you are treated fairly, be sure to seek out advice from a skilled West Palm Beach child support lawyer.
I am William Wallshein, a West Palm Beach child support attorney with extensive experience representing mothers and fathers in South Florida child support matters. As a former certified public accountant (CPA), I understand how to analyze a couple’s finances and present an accurate picture to the judge, who will determine the amount to be paid in your case.
Florida Child Support Guidelines
As in most states, Florida’s statutes include child support guidelines. These guidelines determine how much a child needs and how much a parent must pay in order to ensure fairness and protect the child’s interests. The court will use the guidelines to create a child support plan. The guidelines are also used any time a support order is modified, to review the order to see if it needs modification.
The court considers certain factors in a child support determination, including:
- Each parent’s income;
- The child’s healthcare and childcare expenses; and
- The standard needs for the child.
The child’s standard needs are calculated by using a table that lists support amounts based on the child’s age and the parents’ net income. This amount is an estimate of the amount that the parents would have spent on the child had they not divorced or separated.
To calculate a child support order, the standard amount is divided proportionally between the parents based on their respective incomes. Because the amount of child support depends on both parents’ incomes, this can mean that a parent paying support for four children pays less than a parent paying support for only one child.
Calculating Child Support
Child support is an important issue to be resolved in a divorce or separation or for parents who have never married and are deciding on custody matters. Often, the amount of support is highly contested in divorces or custody proceedings. Florida law has some guidelines, though, to help to ensure fairness for children and their parents.
Financial Affidavits
To determine the guideline amount, both parents must file financial affidavits detailing their expenses and income. From these affidavits, the court will calculate each parent’s gross income, then deduct certain expenses, such as taxes, alimony, and health insurance payments, to arrive at the net income needed for the guideline amount calculation. If a parent is voluntarily underemployed, the court may impute income so that the parent cannot escape child support obligations.
Variations
The standard support amount from the table is a presumptive amount, meaning that generally, the court must order that amount of support. However, the court does have some discretion to vary from the guideline amount. For example, a child may be disabled or may have high medical costs, necessitating a variation.
The court can order an amount 5% higher or lower than the guideline amount if circumstances warrant. If it circumstances are such that the court determines that the variation should be greater, it must make written finding explaining why deviation from the guideline amount is necessary.
Failure to Pay Child Support & Contempt Charges
Usually, when parents separate or divorce, the noncustodial parent will pay money to the other parent to support the child. Child support payments are often essential to the financial stability of the child and custodial parent, but sometimes the payor parent does not pay, which can result in severe financial troubles.
Courts have several ways to enforce child support orders. They can garnish wages, suspend licenses, and withhold income tax exemptions. Additionally, they may find the delinquent parent in contempt of court. Contempt of court is the failure to obey a court order. There are two types of contempt in Florida – civil and criminal. If you are not getting your court-ordered child support, you should contact an experienced WPB child support lawyer today.
Civil Contempt
In child support cases, civil contempt charges are far more commonly used than criminal. To initiate civil contempt proceedings, the payee parent should file a motion with the court. Parents can do this on their own or with an attorney’s assistance, or can ask Florida Child Support Enforcement to file for them.
In the motion, the parent must show that there is a valid court order to pay child support and that the payor parent has not paid the support.
The custodial parent does not have to prove that the other parent has the ability to pay, but if the payor parent can show that he or she is not able to pay, the parent may escape contempt charges. He or she must demonstrate that circumstances beyond his or her control mean that the parent cannot pay and that the nonpayment is not intentional. For example, a payor parent may become disabled, causing the parent to lose his or her job.
Then, at a hearing, the judge will decide whether the payor parent is in contempt of court. If the court does find that the parent is in contempt, it will order a payment plan, specifying how and when to pay the past due support. It can also fine the parent or sentence him or her to jail.
Civil contempt orders include purge provisions, which tell the payor parent how to purge the contempt and avoid further punishment, for example, by paying all overdue support. This is because the purpose of the civil contempt is to encourage payment, rather than to punish nonpayment.
Criminal Contempt
Criminal contempt, unlike civil contempt, is a criminal offense and is thus prosecuted by a prosecutor. The payee parent does not bring the contempt action, as he or she would in civil contempt.
For criminal contempt, the prosecution must show that the payor parent had the ability to pay the child support and willfully refused to pay.
Criminal contempt must be proven by sworn testimony and other evidence at a show cause hearing. The purpose of the hearing is to allow the payor parent to show why he or she should not be found in contempt of court.
If convicted of criminal contempt, a parent may be sentenced to jail for up to 180 days and fined. Unlike civil contempt, criminal contempt is designed to punish the nonpaying parent. Thus, there are no purge provisions, so once a parent has been found in criminal contempt, he or she must serve the sentence given.
Modification
Either parent may request a review and modification of a child support order. To modify a child support order, either parent’s financial circumstances must have changed such that the guideline amount of child support has changed by at least 10%. The court must then reconsider based on the statutory guidelines.
Enforcing Child Support Orders
One of the most common reasons for litigation in Florida family courts is that the party obligated to pay support often fails to do so — or is accused of such a failure. If you need to enforce a child support agreement, I encourage you to come talk to me about how to proceed. If you are obligated to pay but are unable to, and you are facing an enforcement action, I can show the judge why you are not able to make your payments and attempt to reach a positive resolution.
Child Support Modifications in Florida
As time goes by, circumstances in parents’ lives may change. The person paying child support may lose his or her job or could get a higher paying position. When significant events like these occur, it may be necessary to modify an existing child support order. Obtaining a modification is not always easy. It requires a lawyer to prove that you have had a substantial change in circumstances. The other parent also has the right to oppose modification. I represent parents in both scenarios, those seeking modification and those defending against it.
Child Support & Wage Garnishment
After a couple has decided to get a divorce, there are several issues that must be determined. Not only will the assets and liabilities need to be divided between the couple, but issues such as alimony, child custody, and child support will be determined. If you are considering a divorce from your spouse, it is important to speak with an experienced West Palm Beach child support lawyer who can guide you through and prepare you for the legal proceedings.
Child Support in Florida
Child support in Florida is mandatory on behalf of both parents, barring the termination of parental rights. Being a parent is a fundamental right in the eyes of the state and as such, there are fundamental obligations to financially support children. Child support is determined through the evaluation of separate, but important, factors and the purpose behind the support is to ensure that a child receives the same amount of financial support that he or she would have if the parents had decided to remain married. In other words, the dissolution of the marriage should in no way impact the financial security of the children involved.
How to Determine Who Will Pay and How Much
The obligor and obligee of the child support depends entirely on the child custody arrangement established. If the person who is supposed to pay child support does not do so, and is still married to the other spouse who has custody of the child, the spouse who has custody of the child does not need to file for dissolution of marriage. He or she may petition the court for support and receive it if the court finds it equitable and just. This means that a couple does not have to be married to be able to receive child support (or alimony).
Child Support Between Co-Parents
Once the child support has been agreed upon at the dissolution of the marriage and within the settlement documents, it is the expectation that the person who is the non-custodial parent will be paying the full extent of child support; that number decreases if the parents share joint custody.
Delinquency and Wage Garnishment
When a parent who is responsible for child support obligations does not pay, the custodial parent who is supposed to be receiving the child support may file a petition with the court. The court may attach to or garner the wages of the delinquent parent. This can be accomplished through a court order to the employer of the delinquent parent who may be required pursuant to the court order to garnish or seize a portion of the delinquent parent’s salary to pay to the custodial parent for the child support. If the delinquent parent does not have a steady job, the court may still have access to the delinquent parent’s bank account or other earnings. The court could even garnish gambling winnings of the delinquent parent, depending if the casino is aware of the child support delinquency. It is important to note that an employer who is served a writ of garnishment may not taking further punishing actions against the employee in retaliation for the writ. The employer who retaliates against the employee will be considered to be in contempt of court.
Imputed Income & Support Payments
In a Florida divorce, child support and alimony are generally awarded based on each spouse’s need and ability to pay. Thus, if one spouse has a need for financial support, and the other spouse makes enough income to be able to provide that support, the court will generally order child or spousal support. Unfortunately, sometimes a spouse who thinks that he or she has been ordered to pay too much support will quit a job or take a lower-paying job in order to reduce his or her support payments. When that can be proven, a judge will impute income to that spouse to avoid injustice to the other spouse.
If you have any questions about your spouse’s income and how child support or alimony will be calculated, you should contact a West Palm Beach child support lawyer today.
Imputing Income
When a court imputes income, it means that the court assumes that a spouse has a certain amount of income, regardless of whether or not that is, in fact, true. The court presumes that the spouse is capable of earning more than he or she claims to be earning or is actually earning at the time. Courts will impute income when one spouse has underreported his or her income or has voluntarily reduced his or her earnings.
The court can impute income on its own initiative, or it may do so at one spouse’s request. The court will only impute income after a hearing, in which the allegedly dishonest spouse has the opportunity to be heard by a judge. If one spouse has requested that income be imputed, he or she must demonstrate that the income ought, in fact, to be imputed, and in what amount the court should impute income.
Income will be imputed based on either the spouse’s voluntary unemployment or the spouse’s voluntary underemployment.
Voluntary Unemployment
A spouse is deemed to be voluntarily unemployed when he or she is capable of working but chooses not to. This may occur when a spouse voluntarily leaves a job without a good reason. A person will also be deemed to be voluntarily unemployed if he or she purposefully acts in such a way as to get fired, for example, by not showing up to work.
Voluntary Underemployment
A person is voluntarily underemployed when he or she could have a better-paying job, but instead chooses less lucrative employment. This can be shown by demonstrating that the spouse’s job is below his or her education level, or by showing other reasons. For example, a person may be voluntarily underemployed if he or she rejects a promotion, voluntarily reduces working hours, or puts off a bonus or raise.
Amount
In determining the amount of income to impute, courts will consider evidence including past tax returns, pay stubs, employment records, and professional qualifications. Courts may also examine Department of Labor statistics and other official information to make estimates about a person’s career path and earning potential.
Court cannot impute income in a higher amount than the spouse previously earned, except if the spouse previously did not work at all or if the spouse recently obtained education, certification, or licensure. For underemployed spouses, courts can impute income based on a forty-hour workweek, if no other evidence is available.
Alimony and child support are often key to a spouse or parent’s financial stability. If you believe that your spouse or co-parent is being dishonest about his or her earnings, please contact West Palm Beach family law attorney William Wallshein today for an initial consultation.
Financial Support for Disabled Non-Minor Children
In Florida, divorced parents are generally permitted to stop paying child support when their child reaches 18 years of age. There is an exception, however, for situations involving disabled non-minor children. In those instances, courts have discretion to order the continued payment of child support. Determining child support for non-minor children is a complex legal process, so if you are considering a divorce, it is important to contact an experienced West Palm Beach family law attorney who can help ensure that your child’s interests are protected.
Exceptions to Termination of Child Support
According to state law, courts can require a parent to provide financial support for a child over the age of 18 if he or she:
- Retains the status of a dependent because of a mental or physical impairment; or
- Is between the ages of 18 and 19 years old, is still in high school, and has a reasonable expectation of graduating before his or her 19th birthday.
In order to qualify, an adult child’s impairment must have begun before he or she turned 18 years old. Determining disability can be a difficult process, and the submission of medical records indicating a diagnosis or treatment plan is vital to establishing disability.
Child Support Awards
Once a court has established that a non-minor child’s disability warrants the continued payment of child support by one or both parents, it will also determine the amount of child support owed. This requires courts to undertake an analysis of the incomes and properties of both parents. Courts will also take the amount of any benefits that a disabled adult is receiving into consideration when determining child support.
Establishing Trusts
After an award has been determined, courts may order the parties to take the sums out of their joint or separate properties or incomes. The funds may also be awarded from the estate of a child’s deceased parent. In many instances, the award will be paid to whichever parent retains primary custody and responsibility for the child.
However, courts also have the discretion to order the parties to create a trust for the benefit of the non-minor child. Often, parents are ordered by the court to create a special needs trust, which will provide for the maintenance of the child even after the lifetime of the contributing parties.
Modifying Child Support
Due to the changing medical needs of those with disabilities, it is not uncommon for judges to modify child support awards when the beneficiary is a disabled adult. For instance, parents can submit petitions to decrease, change, or even terminate child support payments. However, in order to justify terminating an award, one of the party’s circumstances must have undergone a substantial change, such as a change in income. In Florida, a parent can submit a petition for modification whenever the granting of the motion would result in a change of at least 15% or $50.
Child Support FAQs
Both parents are legally responsible for providing financial support to their minor children in Florida. Child support is necessary so that a child’s essential needs for food, shelter, and clothing are met. If you are having trouble collecting child support from your former spouse following a divorce, a family attorney serving West Palm Beach clients can help you receive the support that your child deserves.
How is the amount of child support determined?
In Florida, courts determine the amount of child support owed by each parent by referring to a set of guidelines established by law. The judge takes into account the number of children, the net income from both parents, healthcare and daycare costs for the children, and amount of overnight visits the children spend with each parent.
Does the court take other bills into consideration?
Florida statutes that set the guidelines for establishing child support do not factor in other bills parents may have for their own needs, such as car or house payments. The law focuses on the child’s needs first. One exception is that a court may deviate from the guidelines if a support order would render one parent impoverished.
Can I get child support for expenses I’ve already incurred?
When child support is awarded, a parent may receive retroactive support for the period of time between when the parents separated and when the child support order is rendered. If the parents separated more than two years before a child support petition is filed, retroactive support may also be given for the time frame of two years between filing the petition and when the order becomes effective.
How can I enforce a child support order?
There are several options for enforcement if one parent fails to make child support payments. The court could suspend a parent’s driver’s license, place a lien on his or her property, or hold the parent in contempt. It may also be possible to seize the parent’s bank account, or if timeliness is an issue, the court can order interest to build for overdue payments. Since there is no statute of limitations on enforcement actions, child support orders can be enforced even after a child turns 18.
Can the amount I pay in child support be changed if I lose my job?
A child support award can be modified if a parent shows a permanent, substantial, and unanticipated change in circumstances. This change is often shown if a parent loses his or her job, becomes disabled, terminates daycare, or suffers at least a 15 percent drop in income. A modification only becomes effective from the date of filing. No retroactive change to a support order is applied, so it is important to file a modification request as soon as circumstances change.
My children are living with me now. Do I still owe child support?
If there has been a substantial change in living arrangements since the child support order was first issued, you may not need to pay child support. If one parent has fewer than 70 overnight visits with the child each year, an adjustment may be made to the child support calculation. A switch in who pays support may be appropriate based on the alteration of time spent with each parent to account for both parents providing food, clothing, and shelter for the child within their care. A modification action needs to be filed to change the time-sharing agreement or suspend or modify child support payments. Without proper filing, any arrears could remain due.
Contact an Experienced West Palm Beach Child Support Attorney
To be sure that a fair outcome results, call a West Palm Beach child support attorney experienced in child support matters to advocate for you and your child. Learn more about Florida child support and how I can help you, please call 561-533-1221 to schedule a free consultation. You can also contact my law firm online. My West Palm Beach office is near I-95 and PGA Boulevard.
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