Child Support
is payment from one spouse to another for support of the
children after a divorce or
separation. Normally, child support stops
when a child turns 18 years of age, unless the child
is still a full-time student. If the child is a full-time
student, the child support can continue until the
child turns 21 years old. Child support cannot be
discharged in bankruptcy and is not considered as income by the
receiving parent or as a tax deduction by the paying parent.
In Florida, the formula for determining child support payment
levels takes into consideration:
-
Custody
arrangements
-
How
much parenting time each parent has, the income of the
parents
-
The total number of children
-
Unusual medical expenses, day care expenses, and insurance,
among other factors.
The result of the computation is called the "basic"
support amount, which can be adjusted by the court based
on several unusual items. Many states have child support
enforcement divisions, which can help get child support by
bringing actions in court to get child support
orders, locating deadbeat parents and getting their income and
employment information.
When Does Child Support End?
In general, child support obligations will
terminate once the child reach the age of 18,
unless the child is in college (in which case the parent is
still obligated), or if the child has been declared emancipated
by a court. Child support obligations will also
terminate if a parent’s rights and responsibilities are
terminated, because, for instance, the child is adopted
by someone else.
Who has to pay Child Support?
Generally, child support is paid by the
non-custodial parent, as the custodial parent’s
obligations and responsibilities are fulfilled by having
custody. This doesn’t necessarily mean that a mother
would not have to pay child support to a father
who has custody – the mother has the same duty as
the father would if he didn’t have sole custody.
Moreover, an unmarried father – who is acknowledged as the
biological father – will also be responsible for paying
child support.
Every child has the right to be supported by both parents. Parents
cannot usually contract away child support. The courts look to the
"best interest of the child standard".
Child Custody, Visitation, Child
Support, Modifications, and Paternity can be complicated and
frustrating to say the least. We encourage you to contact
The Law Offices of
Jeffrey A. Herzog, P.A. to discuss your legal rights.
At
The Law Offices of
Jeffrey A. Herzog, P.A., we vigorously represent the rights of individuals
who are to engage in Child Support proceedings or other
family law issues.
Contact Attorney Jeffrey A. Herzog today
Toll Free at: (866) 789-4002
to
schedule a confidential
consultation regarding your child support or other
family law legal
matters..