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5 Child Support Myths in Florida
Parents have a legal obligation to financially support their children under Florida law. The amount of child support is usually calculated through the Florida Child Support Guidelines. The guidelines calculate child support based upon the income of the parents, the number of overnights exercised under the parenting plan, and the cost of health insurance paid for the minor children. Other factors can affect the amount, but these are the primary variables. The guideline amount is presumed to be the correct amount of child support in a given case.
Given the above standard for setting child support, which is a numbers-based calculation, you would think there were few disputes over the amount of child support. However, despite the relatively objective measure of child support under Florida law, several myths exist. Here are 5 of the most common child support myths that exist today:
I’m unemployed, so I don’t have to pay child support
A court will not excuse a parent’s obligation to financially support their children by simply refusing to work. If it were otherwise, an irresponsible parent could avoid their legal obligation to provide support for no valid reason. But, not all parents who are not working are doing so for irresponsible reasons. The most classic example is a parent who is a stay-at-home mom or dad. For example, parents often remarry and then make a family decision that one of them stay at home and care for children or tend to the home while their new spouse works to support the household. Regardless of the reason for unemployment, however, the law imposes a duty to work and will impute a reasonable income to an unemployed parent based upon their earning capacity. This can be measured through prior employment or even a vocational evaluation by a trained professional.
My new spouse’s income will count against me, and cause my child support to go up
This is simply not the case. The law does not impute the income of a new spouse for the purposes of a pre-existing child support obligation.
We have equal timesharing, so there will not be a child support order
As noted above, the number of overnights is only one of three primary factors in the calculation of support. Therefore, if the parties’ incomes are different or one party is providing health insurance for the children, and pursuant to the guidelines for child support amount may be imposed.
Child support must be spent on the children
While generally this is true, the law does not require a recipient of child support payments to account for how the support is spent. Child support may be spent on groceries, activities, utilities for the household or any other expense associated with care for the children.
Once child support is set, it cannot be modified
In Florida, child support can be modified if there is a substantial change in circumstances. This may take the form of a loss of employment, changes in employment, or changes in the time-sharing schedule, to name a few examples. Remember however that the change must be substantial and involuntary. Insignificant changes in income or other factors will not support a modification. Likewise, quitting a job or getting fired for misconduct will not work.
If you need assistance with a child support issue, or have questions about your rights and obligations, contact us today to schedule a consultation by calling (850) 273- 4167 quick HERE.
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