Child Support Payments: Amount, Length of Time and Enforcement
By Orlando Child Support Attorney Eduardo J. Mejias
Practicing Exclusively Family Law Since 2011
Questions and Answers
These are the most common questions about child support in divorce and paternity cases:
(1) What amount does it pay depending on custody time?
(2) For what length of time is it paid?
(3) How is it enforced?
And these are the answers based on Florida family law:
(1) Amount Child Support Pay?
Chapter 61.30, Florida Statutes, contains the Florida's Child Support Guidelines. With rare exceptions, Florida courts adhere to these guidelines when determining the payments for the time sharing of a child's custody. This is whether it involves: (1) a dissolution of marriage (divorce), (2) a paternity action, or (3) a modification of a final judgment. Essentially, the guidelines apply three major factors to determining the amount of the child support:
- the number of minor children,
- the net monthly income of each parent and
- the percentage of overnights of custody that each parent will spend with their children, as set by the time sharing agreement.
Naturally, the more children that are eligible for the support, and the higher the net monthly income that the obligor (the paying parent) earns, the higher his or her monthly Florida support payment will be. However, beginning at 20%, the greater the percentage of overnights (not the number of hours) that the paying parent spends with the children, the greater the credit he or she will receive, thus lowering the monthly payment.
Florida laws consider two other factors that determine what the final child support payment will be: (1) the parent who pays for the children's health insurance will either receive a proportionally higher payment or receive a credit towards his or her obligation and (2) parents who pay for the children's day care expenses (if there are any) receive the same considerations.
Occasionally, upon the family lawyer filing a motion on behalf of one of the parents, courts will deviate slightly upward from the support payments dictated by the guidelines. However, the burden of proof rests with the parent filing the motion for an increase in the support. Even if the motion is successful, the court can only deviate up to 5% upward from what the guidelines dictate.
As a child support attorney in Orlando, representing divorce clients since 2011, I have yet to witness a court-ordered deviation in a case that I worked on. Basically, you can be fairly confident that the final child payment ordered by the court will equal the guidelines amount. With that said, the parents may agree to payments that deviates somewhat from the guidelines amount. However, parents cannot agree to waive all the child support from the paying parent.
(2) For What Length of Time Do Child Support Payments Last?
(a) Start of Payments
In a divorce or a paternity case, the recipient can seek retroactive support from the date the children began living primarily with him or her. However, under no circumstances can a parent collect that support going back more than two years from the date of filing the petition. Of course, if the paying parent has been voluntarily making payments explicitly for the purpose of supporting the children (not counting gifts), he or she will receive credits for those.
As a child support attorney, I advise all of my clients whose children do not primarily live with them to begin making reasonable payments to the custodial parent for the support of the children as soon as possible.
To avoid any ambiguity, I also instruct these clients to pay with checks or money orders that expressly indicate "child support" on the face of the document. I've seen countless parents lose the argument that they bought Junior a bike or a video game system, and thus, should be "cut a break" when paying the retroactive support payment. At AAA Family Law we don't just go to court to represent you. We make sure to prepare you for what you need to do to get a favorable outcome.
What happens if a court determines that retroactive payments (arrearages) are due? Generally, courts will add a 20% surcharge to the obligor's present payment obligation. The paying parent will have to pay this surcharge until the arrearages are paid off. However, if a court finds that the paying parent truly lacks the present ability to pay the 20% surcharge, it has the discretion to charge a lower percentage.
(b) End Of Payments
Finally, Florida courts are only empowered to order support for a child to last until he or she is eighteen years of age, or graduates from high school after turning eighteen, but before the age of nineteen. Florida courts cannot force the extension of a parent's support obligation to last into the child's college years, as is done in other states. However, both parents can agree to extend it beyond the age of eighteen and the child's high school graduation date.
(3) How Is Child Support Enforced?
In order to enforce child support, the parent that does not receive a court-ordered payments on a timely basis may file a motion for contempt against the obliging parent. When a court hears this motion, it must determine:
- whether the paying parent actually failed to timely pay the full amount,
- if so, whether the paying parent possessed the ability to pay the court-ordered payment at that time,
- if the paying parent did indeed have the ability to pay, what contempt sanctions should be assessed.
Possible enforcement actions range from establishing a payment plan for the child support that is in arrears and awarding the receiving parent his or her attorney's fees, to the actual incarceration of the parent that was supposed to make the payments.
However, a court can only incarcerate the paying parent if he or she is able to pay what is referred to as the "purge" amount, and the that parent still does not pay it. The purge is usually a percentage of the total amount in arrears. No court will imprison a truly destitute parent for not making child support payments. Even if the paying parent is imprisoned, he or she must be released the instant the purge is paid, or if the purge is never paid, 180 days after the date of imprisonment.
What AAA Family Law Can Do For You
In the Orlando metro area, if you need a divorce attorney for a child support or custody case, call AAA Family Law at (407) 260-6001 to schedule a family lawyer consultation for 30 minutes, at the office or by phone. See Family Lawyer Retainer Fees. We can represent you in child custody and support cases from the initial consultation through a trial and, if needed, through an appeal to any of the Florida District Courts of Appeals.
At the consultation we will listen to your situation, give you an objective and realistic assessment of what we can do for you, and show you a clear legal strategy designed to achieve your objectives. We will also quote you a flat or fixed attorney retainer fee before you pay or sign a contract.
Our attorney retainer fees for cases involving only child support range from $1,000 to $1,5000, depending on the level of complexity of the case.
For additional information on our attorney retainer fees please click on Attorney Fees.
AAA Family Law can represent you from your first hearing, mediation or trial to any appeals to the Florida District Courts of Appeals.
For More Information on This Topic See
- Child Custody and Time Sharing Misconceptions
- Parents Character In Child Custody Trials
- To Parents In Family Law Cases: It Is About The Children
- Children Testifying In Family Court
- Appealing Child Custody Ruling
Please read the Articles section for more information on Family Law topics.