Orlando Child Support Lawyer
Get Help Now From An Orlando Child Support Attorney Who Can Get You A Fair Result In Your Case
Anytime a family law and divorce attorney deals with child-related issues the case will at some point address the issue of child support. The lawmakers in Florida believed that every child has the right to be financially supported by both parents if at all possible. An experienced Orlando child support attorney can assist you in making sense of the confusion that goes along with child support guidelines, financial affidavits, income withholding orders and more.
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Child support in Florida is based largely on the net incomes of each parent, the amounts paid for child’s health insurance and daycare, and the total number of overnight visitations each parent has with the child. There are many opportunities throughout the case where an experienced child support lawyer can work to get you and your family the best possible outcome with regard to an order for support of children. Items that will be involved in a child support case include a financial affidavit, child support calculation worksheet, and compliance by both sides with mandatory financial disclosure.
What If I Need An Attorney For Modification of Child Support?
There are several reasons to modify child support orders. If the child support order is not scheduled to terminate within 6 months and there is a substantial change in circumstances (i.e. more overnight time-sharing, increase in income for person receiving support or decrease in income for person paying support) or if the support amount has not been reviewed in three (3) years since the entry of the Final Judgment or entry of last order addressing support then it may be time to modify a child support order. If either parent’s income has increased or decreased the change in child support amount must be either 15% or $50.00 whichever is greater.With the enactment of the new child support statutes in 2011, it changed the formula for which child support is calculated. Under the old guidelines, the paying parent was required to exercise at least 146 overnights a year. Now, the paying parent is only required to exercise 73 overnights a year. Most child support orders entered prior to 2011 exercise at least 73 overnights a year with every other weekend and half the summer time-sharing provisions. However, you must have a substantial change in circumstances or not had a review of the child support for three (3) years to file to modify child support. The new statute expressly states that a parent paying child support cannot seek a modification solely based on the statutory change in overnights allowing a reduction in child support.When calculating child support other needs of the child are addressed including 100% of childcare costs and 100% of health insurance costs for the benefit of the minor child. Additionally, credits are given to the parent directly paying these costs. If either parent either reduces these costs or there is a need to increase these costs there is a substantial change in circumstance.A substantial change in circumstances goes both ways for either parent. Here are some common substantial changes in circumstance:
- A decrease in income for the parent paying support (must be an involuntary loss of job or income)
- Increase in income for parent receiving support
- The need for child decreased (child is school age and does not require full-time child care)
- Disability of either parent
- Prolonged illness
- If the parent paying support becomes the majority time-sharing parent
How Can Sean Smallwood, P.A. Resolve Your Child Support Case?
Often, the child support case can resolve sooner than other family law cases if and when all the financial discovery has been completed and the parties involved in the case agree that based on the discovery the guideline support calculations will decide the case without any further back and forth between the parties involved. Your attorney can then prepare the case for finalization and obtain a final order from the court. If, however, one or both of the parties does not agree that the guideline amount will determine the final result then both sides should set the matter for trial and present all the facts to the court for a judicial decision on the case. At trial, your attorney can present the facts to the court in a light most favorable to your position on the case. Florida child support cases are very complicated and you should always consult an experienced Orlando child support attorney. Call our office today to schedule a consultation to discuss your case: 407-574-6155.