Parents have a Financial Obligation to Support their Children
In Florida, each parent is required to contribute to the financial support of their children. Child support is a right of the child, not the parent and cannot be waived by a parent.
It is important for the parents to understand that child support and visitation/timesharing are not related, meaning that timesharing must continue, even if child support payments are not being received. There is a detrimental legal impact to the case if a parent stops the children from having time with the other parent, or impinges on the other parent’s timesharing. If you believe that your children are in danger of being injured due to the other parent’s activities, then you should contact your attorney and law enforcement immediately.
How are child support payments determined?
The state has adopted a formula to determine what each parent must pay to support their children after separation. This is called the “child support guidelines.” This formula is based on many pieces of information, including but not limited to each parent’s actual gross and net income, the number of overnights each child will spend with each parent over the year, and the cost of insurance and daycare for the children. Both parents are required to complete and file accurate financial affidavits and provide other supporting financial documents to each other, prior to the calculation of the child support amount. Child support payments can be modified if there is a substantial change in the financial circumstances of either parent, such as loss of a job or a change in the amount of timesharing. Even though the state has provided a formula, since there are many factors used in determining how much support each parent will contribute, it is important for each party to seek the counsel of an attorney experienced in child support calculations. The wrong figures can make a significant difference in how much child support you receive or contribute.
Consequences of refusing to pay child support;
- Late payment notices.
- Withholding child support payments from income.
- Suspension of driver’s license.
- Suspension of business, professional and hunting/fishing licenses.
- Intercepting federal and state tax refunds.
- Withholding worker’s compensation benefits.
- Liens on property owned.
- Garnishing bank accounts.
- Denying a passport renewal.
- Potential criminal penalties.
Parents have a legal duty to support their children! Don’t allow your child’s future to be affected by a lack of financial support. Whether you are the one paying the support or receiving support, Ambrose Family Law can assist you with a favorable resolution. To discuss the particulars of your case and answer questions regarding your child support concerns, please contact Ambrose Family Law today to schedule a consultation with an attorney. Let us be your advocate during this stressful life event. Call today at (407) 388- 8740.