Deland Child Support Lawyer

For parents in Deland, child support can be one of the most important issues in a family court case. Child support will be decided in most family law cases involving children, including divorces, custody determinations between unmarried parents, cases to establish paternity and parental rights, and child support cases between unmarried or separated parents. Child support can also be a complex legal issue to decide. There are many factors a court will consider in calculating child support and determining which parent must pay. Failing to successfully advocate for yourself as a parent could very well result in getting less child support than you should be receiving or having to pay more than your fair share. Our experienced Deland child support attorneys can guide you through the process to ensure you are protected and your children are taken care of.

One important thing to consider when facing the issue of child support is what the purpose of it is. Child support is intended to ensure a child receives the same financial support the child would have received if their parents resided together in the same household. Courts in Deland do not look favorably upon a parent that fails to support their child and will not allow a parent to avoid this obligation. It is also important to know that child support is the right of the child, not the right of either parent.

Child support is calculated based on the guidelines given in Florida statute. Each parent will be required to file a Financial Affidavit with the court that details their income, expenses, assets, and liabilities. The first step for calculating child support is to determine each parent’s net income using the information provided on the Financial Affidavits. For child support purposes, all income available to the parent will be considered, and then certain deductions such as taxes, health care premiums, and mandatory retirement payments will be subtracted to calculate each parent’s net income. Once the net income for each parent is determined, their net incomes will be added together. This combined net income will be applied to the table provided in the statute to determine the minimum amount of support the parents should be providing. Each parent is then responsible for their proportionate share.

Other factors will be considered that will cause this amount to vary from the amount given in the statute. For example, the cost of childcare, health insurance, and out of pocket medical and dental expenses can be considered. The number of overnights each parent has with the child will also be a factored in.

A factor the courts in Deland will not consider is the gender of each parent. Traditionally, only fathers would be ordered to pay child support and only mothers could receive it, despite the income of each parent or the custody situation. Now, both mothers and fathers can be ordered to pay child support without any consideration of gender.

In many situations, a parent in Deland may find themselves wanting to change child support that has already been ordered by the court. While it may be tempting to try to work it out with the other parent without court involvement, once a court has ordered child support then both parents are required to follow the court order until that court order is changed. Child support can only be modified if there is a substantial change in circumstances, the change is permanent, and was not anticipated at the time child support was originally ordered.

To have child support modified, the parent seeking the change will need to file a Petition for Modification of Child Support. The other parent will have to be served with the petition and file an answer and possibly a counter-petition in response. Updated financial affidavits will need to be provided by both parents to allow child support to be re-calculated. The case may proceed to mediation and trial if necessary.

One common issue our child support attorneys in Deland help families with is one parent not paying their court ordered child support. While facing this issue can be difficult, taking no action in this situation can often be the worst decision to make. For parents in Deland that cannot pay their child support, petitioning the court to modify the amount should be discussed with an experienced child support attorney before they fall behind. If a parent is willfully and voluntarily failing to pay child support, the other parent can file a Motion for Contempt for Failure to Pay Child Support to have the court take action. There are many possible remedies the court could implement, including entering an order requiring child support automatically be withheld from the payor parent’s paycheck, granting a writ of possession to take personal property of the payor parent to satisfy their child support obligations, awarding a monetary judgment, or holding the payor parent in civil contempt. If you are owed child support, our skilled attorneys can help you actually see the child support your child is entitled to. If you are in a situation where you have not or cannot pay your child support, our attorneys can help you modify your child support or determine what defenses you may have available to help mitigate the consequences the court may impose.

Here at My Florida Family Attorney, Adams, Luka, & Benton, P.A., our Deland child support attorneys are available 24/7 to discuss your concerns about child support and help you determine what your options are. Contact us now for your free consultation 24/7 at 407-872-0303 or 352-357-4084. We represent child support cases throughout Central Florida.