Child support in Florida is based on guidelines. The guidelines are worked out using the combined net income of both parents, with each parent paying a percentage based on the combined total net income of both parents.
Income and Expenses
Many people think if they underestimate their income, the paying spouse’s support will be higher. This is not always true, as the amount paid is a percentage. If one parent underestimates his or her income, the paying parent’s amount will go up slightly, but because the combined net income is lower, the child support amount will be lower.
Child-care and health insurance for the minor children are also included in the child support calculation. This is figured on the same percentage as the base child support amount.
If the minor child incurs medical expenses that are not covered by insurance, on a recurring basis, these expenses may also be calculated in the guidelines. If you, as the paying spouse pays for child-care, uncovered medical expenses or insurance out of your pocket, you also get a credit towards your child support, but these amounts must be figured into the guidelines as actual payments made. These amounts offset the amount the paying parent pays.
If the parents agree to have rotating custody or 50/50 custody, the paying spouse will pay less child support, or none at all
Alimony and Its Effects on Child Support
Alimony also affects the guidelines. Alimony is commonly used as an equalizer (see http://www.associatedcontent.com/article/303694/alimony_need_or_greed.html), supposedly allowing both parties the same standard of living as during the marriage. It is considered income to the receiving spouse, and added to the receiving spouse’s net income and deducted from the paying spouse’s net income on the child support guidelines. The receiving spouse also pays taxes on the alimony, since it is considered income. Alimony is deducted from the paying spouse’s gross income. The paying spouse has the right to claim alimony as a deduction on his / her income taxes at the end of the year.
Child support may be paid through the State Disbursement Unit (SDU) or directly to the receiving spouse. It is recommended that child support be paid through SDU, as there will always be a record of the paying spouse’s payments.
Child support paid directly to the receiving spouse voluntarily (without an order from the Court) and not marked accordingly will be considered as a gift, should the receiving spouse choose to state that no child support had been paid. All voluntary support paid to the receiving spouse should be marked on the memo line with “child support for child’s name for month, year.”
Child Support and the Minor Child
Divorces can be very emotionally taxing for both parties, and are even more so when children are involved. Many times, if the receiving spouse withholds visitation, the paying spouse withholds child support, thinking that they are hurting the receiving spouse. It is not the spouse that is being hurt, it is the minor children. Child support is used for housing, clothing, food, school supplies and other necessary items for the minor children.
Some spouses would like to pay child support by paying for material items for the child, such as clothing, schooling, medical or school supplies. While this is a good idea, and you are sure the child receives all of the money, this is burdensome over time. It also causes friction between the spouses if the receipts do not add up exactly to the amount owed.
If you opt not to pay your support, there are various remedies the Court may use against you. Generally, the receiving spouse can either retain an attorney and file a motion to compel support, or the receiving spouse may initiate a complaint with the Department of Revenue.
In the case of a motion to compel, you will have to go to Court and explain why you are not paying. The Court will make a decision, and if it orders you to pay, and you do not pay, the receiving spouse may file a motion for contempt. If you are found in contempt of Court for non-payment of support, you may be assessed sanctions. This includes a “purge amount,” sometimes in a lump sum payment, sometimes in payments with a “down-payment” up front. Sanctions may also include fines and / or the paying spouse to pay the receiving spouse’s attorneys’ fees. Non-payment of child support may also lead to jail time.
If you are unable to pay child support, you should immediately contact an attorney to petition the Court for a downward modification of support. Your petition must allege that there was an unforseen change in circumstance (such as being unable to work due to a disability, or other such permanent changes in income). If you cannot afford an attorney, you should at least hire a licensed or certified paralegal to help you with the paperwork.
File your paperwork as soon as possible, as it will take the system some time to process your petition. Your petition must be served upon the other party, the opposing party has twenty days to respond, and will most likely file a counter petition, to which you must respond. In some counties, the Court requires mandatory mediation. Mediation must be set, and the parties must attend before the Court will hear the case. The primary parent cannot withhold visitation for non-payment of support. The paying spouse should continue to pay support until an order is entered, or risk sanctions.
Keep in mind that child support is for the children. Primary care parents (the receiving spouse) must use funds allocated as child support for the minor child. Primary care parents may use support for food, clothing, school supplies, school, medical (including dental and psychological), housing, and anything else the minor children use directly.
Visitation may not be withheld because a spouse is not paying support. By the same token, support may not be withheld because the primary care parent withholds visitation.
Even if your support payments are going through the State Disbursement Unit, document your child support payments if they are not being deducted from your paycheck. The SDU occasionally errs in its calculations, and documented support payments will make the correction less painful and a lot quicker.
