Florida requires a child to be financially supported by their parents. In any divorce with minor children (under 18) the court will order the parents to pay child support. Every parent should count on this due to the state of Florida placing a high priority on this child right. Florida child support guidelines and case law require the calculations for child support to be based on the income of both parents. Typically the monthly expenses of the parents are not considered in the final child support determination.
Child support is based on Florida Child Support Guidelines, Section 61.30 Florida Statute. There are a couple factors that act as an offset in the final calculation of support. Some of those being total overnights with each parent, health insurance and daycare. However, the guidelines are fairly rigid beyond those offsets. The court’s position is that child support payments are a property right of the children, not the parents. Therefore parents cannot make a mutual agreement for support that varies from the amounts shown on this chart.
Another factor the Florida child support formula does not consider is your child’s other expenses or extracurricular activities. For example, if your child plays baseball or attends a private school these costs would not be considered. The parents typically split these costs and sometimes have to weigh what is financially feasible and consider discontinuing some activities. Other expenses such as medical co-pays, orthodontia are typically dealt with separately by the court.
Our Firm has the experience and familiarity with the Florida Child Support Guidelines factors that are used in calculating child support and will use that to determine appropriate child support in your case.
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