During a divorce or a paternity action, the award of child support of the minor child is an integral part of these processes.  Under Florida law, both parents have a responsibility to provide financial support for their child to ensure that the basic needs of the child are met and that the child benefits from the financial support.  For this reason, child support is the right of the child, not the parent and cannot be waived.

The amount of child support is based on the Child Support Guidelines within the Florida statutes. These guidelines consider the following factors:

  • The combined incomes of the parents
  • The number of children
  • The number of overnights the child spends with each parent
  • The cost of daycare
  • The cost of health insurance for the child

An award of child support, even temporary child support, is a compulsory part of the divorce process and one that the courts take very seriously.  In fact, in some jurisdictions, a divorce will  not be finalized unless child support has been determined.  

A modification to child support can be made based on a substantial change in circumstances.  This can include a job loss; termination of daycare; disability; an increase or decrease in income (15% or more). This would require a petition for modification through the court.

If child support payments are late or not paid, there are several options available for the enforcement of child support.  The receiving parent can file a Motion for Contempt and Enforcement with the Court which can lead to the non-paying parent being ordered to pay fines or even imprisonment.  Also, if the non-paying parent is a W2 employee, the court may enter an Income Withholding Order (IWO) which would automatically deduct the child support payments from his/her paycheck. 

At Affordable Divorce Center, we understand the financial strain that legal proceedings can bring, and our focus on the Child Support area of family law is designed to be cost-effective. Our goal is to provide quality legal low cost representation with budget-friendly payment plans, without compromising on the accessibility of our services. ADC’s commitment to affordability is at the core of our values and service.

At ADC, you are more than a case number – you are a valued client with unique needs. Our client-centered advocacy ensures that your interests are the focal point of the Child Support  process. We strive to achieve outcomes that safeguard you and your financial stability and we are dedicated to protecting your rights and ensuring that the child support order is fair and equitable for all parties involved.

Along with Child Support, ADC offers expert guidance across all areas of family law such as Child Support, Co-Parenting (Child Custody), Enforcement of Alimony, Child Support or Timesharing, Income Withholding OrdersModification of Alimony, Child Support or Timesharing, Paternity, Pre and Post Nuptial Agreements, Same Sex Marriage and Divorce, Separation/Temporary Support, Timesharing/Parenting Plans and more.

FAQ

No, child support cannot be waived and is considered the right of the child.  This ensures that the basic needs of the child are met, such as housing, food, healthcare, clothing and entertainment.

If a child support order is in place, a motion for contempt and enforcement must be filed with the court.  To enforce the back-owed child support payment, one must show that the non-paying parent has the present ability to pay the amount due.

Generally, those expenses would not be included in child support as the parents would have to mutually agree to those types of expenses outside of regular child support.

Normally, child support stops when the child turns 18 or it can be extended to age 19 if the child is still in high school.  It can be extended even later than 19 if the child has special needs.

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