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Ensure Your Children Are Getting the Support They Need

Regardless of the context through which child support matters arise, our firm, Lisa A. Baird, PA, can assist you in dealing with the issues as efficiently and effectively as possible. We assist married and unmarried individuals in Miami, Florida, seeking to ascertain the proper amount of child support for their children.

Child support is statutorily required and generally cannot be waived. If a party wishes to establish child support that is not within the five percent range of the statutory guidelines, the party must file a motion to deviate from the guidelines. Child support typically should start upon separation, even before a petition is filed. If child support is not being paid, the court has the authority to establish an arrearage and require part of the arrearage to be paid with each court-ordered child support payment.

Why Are There Statutory Guidelines for Child Support?

The intent behind creating the statutory guidelines is to establish statewide uniformity regarding child support payment. Therefore, all divorced parents similarly situated pay similar support. It is impermissible for a judge to deviate from these established guidelines without specific findings of fact to support the deviation. If a parent is found to be unemployed or under-employed, the court can actually impute or "assign" that parent a higher net income than he or she is actually earning.

How Is Support Calculated?

Whichever parent carries the child(ren)'s health insurance, that parent will receive a contribution from the other parent at the same percentage as child support. If the primary residential custodian has daycare expenses, the secondary residential custodian must contribute to that expense. That amount becomes part of the court-ordered child support figure. When daycare stops, the father would have the right to seek a child support modification.

As you can see, child support is calculated by entering certain numbers, such as each parent's income and expenses, into a formula. This formula then calculates the amount of support that is warranted according to the accuracy of the numbers that were entered. Our firm will take the time to explain this process, the related procedures, and the other child support guidelines that must be followed.

For more information about child support, call 305-595-8185.

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