Generally, once a divorce has been ordered by a court, and a child lives with only one parent, then the parent with whom the child does not live has to pay child support. This is true, even if the parent that receives the child support payments has an income of their own. However, all states, including Florida, have guidelines by which courts can decide to raise or lower child support payments based on the income of the parents and other factors.
The child support guidelines formula attempts to put the child in the financial position he or she was in before the divorce. The guidelines, though, are just that – guidelines. A court may diverge from the guidelines if it demonstrates special circumstances for doing so. For these reasons, it is imperative to have a competent family law attorney to handle your divorce.
At times, the income, assets, or education potential of a spouse can be misinterpreted by a lazy attorney or a busy judge. This may lead to an inequitable determination of mandated child support payments. Once the court orders support payments, it is very expensive and time consuming to appeal. Once a mistake is made, it is very difficult to make a modification. Do not let this happen to you. I will make a point of taking the necessary time to properly investigate your situation to ensure that the judge gets the information he or she needs in order to make a fair decision regarding child support payments. It is crucial you have a conscientious attorney when it comes to evaluating child support payment issues.