Calculating Child Support in Florida
In most cases, determining and calculating child support in Florida is a straightforward process and is done according to child support guidelines. It is a process that combines the incomes of both parents, imputing income where applicable, calculating time-sharing less allowable deductions, then assigning an amount and percentage of financial support each parent is obligated to provide. There are however, various reasons for a judge to deviate from the standard guidelines.
Upward Deviations in Child Support
One reason that a judge may consider an upwards deviation from the Florida Child Support guidelines is when there is evidence of need for a higher cost of care or level of child care required for a child. Extraordinary expenses such as dental, psychological, educational or other medical expenses can be considered when calculating support. Other reasons to deviate upwards are as follows:
- The age of the child, assuming a greater need for older children
- Special needs that may be associated with a disability
- Timesharing of less than 20% of overnight stays, or the refusal of a parent to become involved in child’s activities
- Payment of support for a parent which has been regularly paid, for which there is demonstrated need
Downward Deviations When Calculating Child Support
There may also be consideration for downward deviations such as in underemployment or when there are seasonal variations in one or both parent’s income or expenses. Additionally, the courts may consider a downward deviation if a parent has been ordered to pay another person more than 55 percent of his or her gross income for child support resulting from a single order. There may be other special circumstances to deviate which are listed in detail in the Florida Statutes. https://www.flsenate.gov/Laws/Statutes/2011/61.30
The best way to find out if you may have a special circumstance for deviation from the Florida child support guidelines is to consult with a Tampa Family Law Attorney. Attorney Sanchez has decades of experience in child support and child support modifications and can represent you in a divorce, paternity or child support modification or enforcement hearing.
Contact the Tampa Family Law Firm of Nilo J. Sanchez & Associates for a consultation.
Getting it Right the First Time
If you are considering dissolution of marriage or if you are unmarried and anticipating a paternity action it’s highly beneficial to consult with a Tampa Family Law and child support Attorney. Nilo J Sanchez & Associates is focused on protecting your best interests and the best interest of your child or children. Making sure that a fair and correct amount of child support is ordered along with submitting the proper income deduction orders when applicable and according to Florida Law is paramount.
Tampa Family Law Attorney Nilo J Sanchez understands the importance obtaining the support you need to care for your children properly and according to their specific needs. Getting the child support order right the first time reduces any future need for you to return to court to seek a modification of child support.
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