Tampa Child Support Attorneys

Helping Co-Parents Navigate Court-Ordered Child Support in Florida

As a parent, your children are the most important part of your life. If you recently decided to end your marriage, your child’s well-being is likely a primary concern. While filing for divorce is often difficult enough, figuring out child support can be a stressful and confusing process, especially for families navigating the legal process for the first time. 

At Robert Sparks Attorneys, our compassionate advocates are dedicated to making this major transition as stress-free as possible for you and your loved ones. Our Tampa child support attorneys have a winning track record of results in family law matters and never shy away from tough litigation if necessary to achieve a fair outcome. Put years of experience on your side by contacting our award-winning firm for the skilled representation you deserve.

Navigating a child support dispute in Florida? Our Tampa child support lawyers can vigorously protect your rights. Call (813) 710-4816 to schedule a case evaluation.

Understanding Child Support Laws in Florida

Under Florida Statutes § 61.30, child support is calculated based on various factors. Family courts may consider several elements to calculate child support and determine which parent is obligated to pay it. Regardless of the circumstances, the court is obligated to prioritize the best interests of the child when calculating child support. Some influencing factors include:

• The income of each parent
• The terms of the parenting plan or custody agreement 
• The minimum amount required to meet the child’s essential needs
• The child’s necessary expenses, such as healthcare and education costs 

Florida follows the “Income Shares Model,” which estimates the total cost of raising a child and divides it proportionally between parents based on their income. Courts use the Florida Child Support Guidelines, a standardized formula, to ensure fair and consistent rulings. However, judges may deviate from the guidelines in specific circumstances, such as extraordinary medical expenses or special needs of the child.

What Expenses Does Child Support cover?

Child support is intended to cover the child’s basic needs, including food, housing, clothing, education, and healthcare. It may also extend to extracurricular activities, transportation costs, and other specific needs such as tutoring or therapy. While the funds are generally for the child’s benefit, the receiving parent has discretion in how they are spent to support the child’s welfare.

Enforcing Court-Ordered Child Support

If your co-parent fails to pay child support, you can file a petition to enforce the court order. In some cases, the judge may enact wage garnishments to withhold earnings from the offending parent until they resume child support payments. Our Tampa child support attorneys have extensive experience in successfully enforcing court-ordered child support. When you partner with us, we can work tirelessly to secure the financial support your child deserves.

Petition for Modification of Child Support

If you have an existing child support agreement but wish to modify its terms, you may be eligible to request a modification. However, you must satisfy certain criteria to petition the court. The following conditions must apply:

• The duration of the existing court order is longer than six months. 
• The current court order has not been modified or reviewed for three years. 
• You experienced a substantial change in circumstances. 

What Constitutes a Substantial Change in Circumstances?

To modify a child support order, the petitioning parent must demonstrate a substantial change in circumstances. Common examples include: 

• You recently lost your job
• You received a new career opportunity 
• Your child’s living arrangements have changed
• Your child’s health or medical needs have changed

What Costs Are Included in Florida Child Support?

Child support encompasses various costs that are necessary for the child’s upbringing. Some key expenses include: 

• Basic necessities like food, clothing, and housing to ensure a stable environment for the child.
• Healthcare costs and medical expenses, such as insurance premiums, co-pays, and any necessary treatments or medications.
• Tuition, school supplies, extracurricular activities, and associated fees related to the child’s education.
• Expenses for daycare or after-school care that enable the custodial parent to work or pursue education.
• Costs associated with transporting the child to school, activities, or visits with the non-custodial parent.
• Special needs expenses, including any additional costs arising from a child’s special educational or medical needs.

What Is the Average Cost of Child Support in Florida?

The average cost of child support varies widely based on individual circumstances. Florida follows the income shares model for determining child support, meaning the amount is calculated based on both parents’ incomes. Other influencing factors include the number of children involved, essential living costs, and specific expenditures related to the child’s care, such as healthcare, daycare, and education expenses. 

Generally, parents can expect to pay between 5% to 12.5% of their gross income for one child, with the percentage increasing with the number of children. However, these figures can fluctuate based on the unique situation of each family, including current financial conditions and any special needs the child may have. Consulting with a knowledgeable lawyer is paramount to navigating the legal intricacies of child support and achieving a fair outcome in Tampa.

Is Child Support Still Required If Both Parents Share Custody Equally?

In cases of shared custody, child support may still be required depending on the financial circumstances of each parent. The court considers the income of both parents and the percentage of overnight stays the child has with each parent. If one parent earns significantly more than the other, they may still be required to pay child support to ensure that the child’s standard of living is consistent between both households. The aim is to prioritize the child’s needs rather than penalize or reward either parent.

What If The Paying Parent Moves Out of State?

Child support obligations remain enforceable even if the paying parent moves out of Florida. The Uniform Interstate Family Support Act (UIFSA) facilitates enforcement across state lines. Florida courts can work with authorities in the new state to ensure the continuation of payments. Wage garnishment, tax refund interception, and other enforcement measures can still apply regardless of the parent’s location.

Are Child Support Payments Taxable?

In Florida and throughout the United States, child support payments are not taxable for the recipient, nor can the paying parent deduct them on their taxes. Child support is considered a direct benefit to the child, and as such, it does not impact either parent’s taxable income. It’s important to distinguish child support from alimony, which may have different tax implications.

Can a Parent Refuse Visitation If Child Support Is Not Paid?

No, state law treats child support and visitation as separate matters. A parent cannot deny visitation rights due to unpaid child support, nor can the paying parent withhold support as retaliation for visitation issues. Both matters must be addressed through the court. If a parent fails to pay, enforcement measures can be pursued, but visitation should continue as ordered unless modified by the court.

When Is Child Support Terminated in Florida?

Under state law, child support payments are terminated under specific circumstances. Child support obligations typically end when the child turns 18 years old, unless the child is still in high school. In this case, child support may continue until they graduate or turn 19—whichever comes first. Other potential reasons for termination include:

• Emancipation: If a child becomes emancipated before reaching the age of majority, child support can be terminated.
• Parenting plan modifications: If significant changes are made to the parenting plan that impact the financial responsibilities of either parent, this can affect child support.

Remember, the circumstances surrounding child support can vary widely. Seeking sound counsel can help parents handle any modifications or terminations correctly while protecting their rights.

Can Child Support Orders Be Modified?

Yes, child support orders in Tampa, FL, can be modified if there is a substantial, permanent, and involuntary change in circumstances. Examples include a significant increase or decrease in either parent’s income, changes in the child’s needs (e.g., medical or educational), or adjustments to the custody arrangement.

To request a modification, a parent must file a petition with the court, demonstrating the need for a change. It’s important to note that modifications are not retroactive, so any changes to the support amount only take effect from the date the petition is filed.

Compassionate Representation for Tampa Families

At Robert Sparks Attorneys, we understand how intimidating and confusing it can be to navigate the complexities of child support. Our Tampa child support attorneys are committed to alleviating stress during the legal process by guiding your steps with care and compassion. From filing required paperwork to protecting your parental rights in court, our firm is dedicated to achieving the favorable outcome you deserve. Our award-winning lawyers have years of experience in pursuing effective legal solutions tailored to your family’s unique needs, giving you peace of mind that your child's safety and well-being are prioritized. 

Navigating child support disputes can be daunting, but you don’t have to do it alone. Contact us online to discuss your case with our skilled litigators in Tampa, FL.