Miami Family Lawyer: 6 Things to Consider When Establishing Child Support

Miami Family Lawyer: 6 Things to Consider When Establishing Child Support

If you’re looking into getting child support payments started, visiting a Miami family lawyer is a wise choice. The laws are complex and it’s imperative that everything be filed with the courts in a specific way and on the court’s timeline in order to begin a case and have it move forward. That said, there are a few things you should take into consideration before you begin the process.

1. Paternity Must Be Established First

In many cases, paternity is established at the time of birth when a father is named on the birth certificate. If this did not happen in your situation because the mother opted not to list the father and/or the parents were not married at the time of the child’s birth, you will need to establish paternity through the system. If both parents are amicable, outside testing can be done and submitted. Many fathers opt to go this route when they’re establishing their right to have time with the child. Testing can be court mandated too.

It’s also worth noting that other parties who are not the legal parents may collect child support if they are caring for children. Oftentimes, grandparents, aunts, and uncles step in when parents are unable to care for a child for various reasons. If this is the case for you, the process is different, and you’ll want to speak with a Miami family lawyer about formally establishing your relationship with the child before attempting to collect support.

2. Support is Equitable, Not Equal

The state of Florida has very specific guidelines for child support amounts. They take into account what the total income would be if both parents were living together and, with that number in mind, establishes how much support a child needs overall. For example, if combined income for both parents is $4,000 per month, the need is set at $828 per month. If both parents are making $2,000 month and time with the child is equal, then both would be responsible for $414 per month and no money would change hands due to equal time. If, on the other hand, one parent makes $1,000 and the other parent makes $3,000 per month, the burden shifts some to the parent who makes $3,000; he or she is expected to then cover 75% of the support obligations, while the other parent is responsible for 25%. The first parent would be responsible for $621 and the second for $207.

The courts will also take into account if one parent is providing additional forms of support, such as health insurance. Although rare, judges may deviate from the guidelines when extenuating circumstances are present too. This might be the case if a child is ill or has special needs and would, therefore, have greater expenses.

3. Even Parents with Joint Custody May Pay Child Support

As noted in the example above, support is equitable, not equal. If time with the child is split 50/50, but one parent makes more, the higher-earning parent will be responsible for providing a greater degree of support. This is simply to ensure that the child has his or her needs met to the same degree, regardless of which household he or she is in.

4. Child Support May Be Required by the Mother or Father

Historically, mothers have been the ones to receive child support, but this was largely due to the fact that mothers received primary custody more often and earned lesser wages. Courts are now edging more toward 50/50 time splits and women’s wages are increasing. Ergo, there are many times when the mother is responsible for paying support to the father even under ordinary circumstances. If a father is awarded sole custody or the mother’s parenting time is low, it’s quite common for the father to receive child support.

5. The Number Used Today May Not Be the Number Used Tomorrow

Child support is always looked at in terms of what the parents would be provided if they were together. Ergo, if one parent’s earnings change, support can be modified. That said, the courts are well aware that some people attempt to dodge support obligations by quitting jobs and similar tactics. A parent who legitimately becomes unemployed and cannot find work will likely not be penalized, but a parent who quits his or her job will likely be held accountable for the full support amount even while unemployed. If you’re a parent experiencing extreme hardship that prevents you from paying support, you should speak to a Miami family lawyer right away to avoid issues.

6. Child Support is Independent of Parenting Time/ Visitation

While the pool of funds will shift as the child’s time in a household increases or decreases, parenting time (formerly referred to as visitation) is not contingent upon a parent paying his or her support. You cannot withhold the child or prevent the child from seeing the other parent regardless of child support delinquency. You can, however, follow avenues to collect unpaid support. Again, this is where hiring an attorney comes in handy. Pascal Michel has gone so far as to collaborate with agencies in other states to ensure both parenting time and support are occurring in accordance with court orders. Even if a parent leaves the state with the child, authorities can step in and bring the child home. If a parent flees alone, he or she can still be garnished.

Solve Your Child Support Dilemmas with an Experienced Miami Family Lawyer

If you’re supporting a child alone or are receiving inadequate support, the other parent or parents are legally required to pitch in equitably. Pascal Michel is an experienced Miami family lawyer who always attempts to settle things amicably for his clients to ensure peaceful co-parenting can exist today and beyond. However, he also recognizes that not all parents will act in the best interests of their child, and when this occurs, aggressive tactics are necessary. Call (305) 834-8432 or complete our online form to speak with Mr. Michel about the specifics of your case.