For many, raising a child isn’t always easy. You may find that sometimes, making ends meet can be a struggle. However, when you and your spouse divorce, it can be even more challenging to provide for your child. As such, requesting child support from the court is vital. In most instances, these payments are mandatory. If you’re getting divorced and want to know how these support amounts are determined, why these payments are required, and what to do if your spouse is uncooperative, you’ll want to keep reading. The following blog and our Tampa child support lawyers can help you learn what you must know about these matters.
How Are Child Support Payments Determined?
In Florida, child support is carefully calculated based on several factors. Typically, the courts will assign financial responsibility for a child based on the percentage each parent contributes to their combined monthly income. For example, if Parent A makes $3,000 monthly while Parent B makes $7,000 monthly, their financial obligations would be based on a 30% and 70% split, respectively.
In addition to considering the income of each parent, the courts will consider the following factors:
- The standard of living established during the marriage that the child is accustomed to
- The needs of the child
- How many children the couple shares
- Any additional expenses for the child (extracurriculars, tutoring, childcare)
- The tax consequences for each parent
- Healthcare coverage
Are Payments Required?
In Flordia, child support is mandatory. However, it’s important to understand that child support must be determined in court. If there is no court order for your spouse to pay child support, then there is no legal obligation to do so. Additionally, both parents can agree to waive the child support payments. It is important to understand that ultimately, it is up to the judge to decide whether or not to enforce this agreement. If the judge believes the arrangement is unfair or that one party has entered the agreement unwillingly, they may still impose child support.
The only other instance in which a parent would not have to pay support to a child is if they relinquish their custody rights. However, this is a complex process in which the parent has no legal rights to the child, including custody or visitation. It’s important to understand that this is typically only allowed if one party requests this so their new spouse may adopt the child. The courts would not allow this simply so a parent would not have to assume financial responsibility for their child.
What Should I Do if My Spouse Won’t Make Payments?
If your spouse is late or missing child support payments, it’s important to understand your legal options. Generally, the first thing you can try is communicating with them directly. If you are in a place to do so, you may want to message or email your ex to discuss these circumstances. You should avoid having these conversations over the phone, and instead choose text or email to get everything in writing.
Next, you can petition the court to enforce the order. The courts will inform your spouse what will happen if they do not make payments, which often results in levis being placed on their bank accounts and their wages being garnished. They will also be responsible for arrears, which are any unpaid amounts still owed.
As you can see, these matters can be complex and difficult to navigate. That’s why the team at Tampa Law Group will do everything possible to assist you through these times. Connect with us today to learn how we can guide you through these times.
