How is Child Support Calculated in Florida?
The state of Florida uses an income-shares model to determine how much child support should be paid. By that we mean it totals the income of both parents. For example, if one parent is making $3500 a month in net income while the other parent is making $2500 a month, the court would consider the total value of their income to be $6000. For a combined net income of $6000, the amount of child support paid would be $1121.00 per month.
The non-custodial parent is the one who pays child support to the custodial parent. The amount of child support that they will have to pay can be offset by considerations such as healthcare premiums, daycare, and more. Once these expenses are calculated, the final child support payment will be determined.
If you believe you are paying too much in child support, you could contact a Clearwater, FL child support modification lawyer today. We can help you determine how much money you should be paying and reduce your expenses based on your income and other factors.
When can I petition the courts to reduce my child support payments?
If there already is a child support order in place, it can be difficult to get that order modified. A parent who is attempting to modify a child support order must prove that there is a substantial change in circumstances or income before the court will listen to their arguments. Another potential reason to change a child support order would be that the visitation schedule has been modified and the children are spending more time with one parent than they were previously.
The most common reason to change a child support order is when one parent experiences a significant change in their circumstances or income. The change may not necessarily be related to a reduction in income, but can also be related to an increase in income. The change can affect the parent who is paying child support or the parent who is receiving child support. While there is no test on how much change there must be to file a modification of child support petition, the resulting change must be at least 15% or $50 whichever is greater.
For example, if one parent is paying $1000 a month in child support, any modification must be higher than $1150.00 per month or lower than $850 per month. The resulting modification must thus be at least 15%.
Another possible reason for modifying a child support order is when there is a major change in parenting time. For example, a parenting plan may have one parent spending 265 overnights a year with their children. The other parent is spending 100 overnights with their children. If the initial parenting plan included 300 overnights, the courts could find cause to modify a child support payment.
A third reason you may need to modify your child support payments is that there is a major change in expenses.
If you think you are paying too much child support, you may be right. On the other hand, you may believe you’re not receiving enough child support. In either case, an experienced family law attorney can help you petition the court for a change in child support payments.
Talk to a Clearwater, FL child support attorney today
If you need to petition the court to modify a child support order, you should call the Clearwater family lawyers at Cairns Law, P.A. We can review your case and build an argument to modify how much child support you’re paying or receiving. Call our office today to schedule an appointment, and we can begin discussing your next steps right away.
