Father's Rights in Child Support
Florida Child Support Law
Child support is a legal duty
paid by both parents.
The amount of child support that the one parent pays to the other parent is determined by the Florida Child Support Guidelines. There is a formula that is used to calculate the amount of child support to be paid by both the parents. The child(ren) have the right to be supported by both parents. It is important that the proper numbers are input so that the correct child support is obtained.
Child support is a legal duty paid by both parents. The child support is not for the personal use of the receiving parent. It is the child(ren)'s money and is to be used for their use only. The parents that are involved in the divorce/paternity action do not have the right to waive child support.
When calculating the proper child support amounts there are a number of factors to consider that affects the child support that is actually Ordered by the court. Some of those issues are: the amount of overnights that each parent has the child(ren); The financial needs of the child(ren) such as day care expenses, medical/dental insurance, uninsured medical payments, the income of both parents.
One of the main issues to consider in regards to child support is the amount of overnights that the non-custodial parent has the child(ren) in his/her custody. If the non-custodial parent has forty percent or more of the overnights during the course of the year (146 overnights) then the guidelines are calculated differently and a reduction of the non-custodial parents obligation. It is important to secure a timesharing schedule with your child(ren) that is as close to a fifty percent number of overnights as possible.
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Child Support vs. Visitation Rights
The issues of child support and child visitation (time sharing) are two separate and distinct matters. If a parent is not paying his/her child support as Ordered, the custodial parent must continue to allow the other parent his/her visitation (time sharing) rights. On the other hand, if the one parent is not allowing the visitation that is Ordered in a particular case the other parent must continue to pay child support. It is the child’s right to be supported and the actions or inaction of one or both parents should not affect that right.
Modifications of Child Support
The The Men's Rights Law Firm
can help you determine if you will be able to modify your child support.
Modification of child support is always possible. But there must be a substantial and material change in circumstances in the income, usually of the parent who is paying the child support. It is important that the guidelines are properly calculated from the beginning. Modifications are possible but can be costly considering attorneys’ fees and costs. Full financial disclosure is necessary, including mandatory disclosure. There is the possibility that the application of the child support Guidelines on its own will warrant a Modification of the court Ordered child support.
Sam Knows Father's Rights in Child Support
The The Men's Rights Law Firm has experience in handling child support matters in Lee County and other counties in South Florida. We assist our clients with their initial child support calculations as well as modification of existing Orders.
Contact The The Men's Rights Law Firm attorneys focusing on Father's Rights In Child Support, to schedule your free consultation.
Family Law Areas Of Practice Include:
- Men's Rights
- Domestic Relations (Florida Family Law)
- Domestic Violence towards Men
- Men's Rights in Divorce
- Parenting Plans