Determining the Correct Amount of Child Support in Divorce or Paternity Cases
The use of standard guidelines to determine the amount of child support payments in Florida divorce and paternity cases has gone far to promote certainty and reduce disagreements between parents on child support issues. It's usually fairly simple to identify the amount of a noncustodial parent's basic child support payment.
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In some cases, however, the noncustodial parent's income exceeds the upper limit of the guidelines formula, or special circumstances might indicate the need to apply for a higher or lower amount than the guidelines would require. To learn how an experienced Fort Lauderdale child support attorney can help you understand your options on a novel or difficult child support question, contact the law firm of Robert J. Moraitis, P.A.
The basic Florida Child Support Guidelines require that the noncustodial parent pay a percentage of income based on the number of children. This amount is then adjusted to cover additional expenses for day care, medical insurance and unreimbursed medical expenses. It can also be reduced to reflect a pro data credit for overnight stays by the child with the noncustodial parent. The figure yielded by these calculations will usually fall close to the child support obligation stipulated by the parents, recommended by a mediator or ordered by a judge.
In some situations, certain factors or specific circumstances can justify a substantial upward or downward adjustment to the formula. These can include:
- Problems with the income calculations for self-employed parents
- Unusually low or high incomes reported for a parent based on job market problems or an unusually successful year
- Support payments for children from previous marriages or relationships
- Special needs and expenses related to a child's disability, medical problems, behavioral problems or outstanding talents
The legal considerations related to child support are basically the same in paternity cases as they are in divorce. For unmarried parents facing child support obligations, it often makes sense to work out a parenting plan and timesharing agreement with the custodial parent at the same time the child support payment is being determined. Otherwise, you will end up with an enforceable child support commitment without any formal protection of your access to your own child.
For additional information about child support rights and obligations in South Florida divorce or paternity cases, contact the law firm of Robert J. Moraitis, P.A., in Fort Lauderdale.
