Child Support Most Frequently Asked Question

Q1. Do I have to pay child support if we were never married?
A: Yes! Child support is for the child regardless of the marital status of the parents. Once you no longer live with the child , you must pay child support.

Q2. When do I start paying child support?
A: You must start paying child support as soon as you stop living with the other parent and the child is not living most of the time with you. If the child lives with you, then you should be receiving child support right away.

Q3. How do I know how much should I pay for child support?
A: The Florida Statutes set guidelines and a formula to calculate child support. The amount you will pay depends on your income and the income of the other parent. You add both your income and the income of the other parent and go to the table to determine the total amount of child support that must be paid to the child or children. Then, your percentage obligation of that amount is determined depending on how much you make in relationship with the other parent.

Q4. Who pays for health insurance and child care costs?
A: Health insurance and child care costs are to be shared by both parents in accordance with each parent percentage share under the child support guidelines unless the parents agree otherwise.

Q5. Do I have to pay child support if I have shared visitation with my child about half the time?
A: It depends. If your income and the other parent's income is relatively similar, you may not have to pay child support. However, if one of the parents makes moer than the other, that parent may have some child support obligation. This amount is also calculated under the child support guidelines.

Q6. If I do not exercise my visitaion rights with the child, do I still have to pay child support?
A: Yes! child support is an obligation and is not contingent on seeing or caring for the child. Even if you do not visit with the child or the other parent interferes in your visitations with the child, you must pay child support.

Q7. I do not need child support and I do not want it, can I waive child support?
A: No! Child Support is for the child and the parents cannot negotiate or waive child support. It is not the parent's money, it is the child's money. The court will protect the child's interest and will not allow a parent to pay less than the child support guidelines.

No more primary residential custody!

Since 2008, the Florida Statutes on Family law have incurred many changes in an effort to better meet the needs of the people.

One of the biggest changes made was the removal of the language "primary residencial parent" and "primary residency." These two, and related, terms about the residency of the children of divorced parents was replaced with "time sharing" and "parenting plans."

In Florida, both parents have the same parental rights over the children, as long as they are fit, and the Courts are trying to give both parents the same opportunities and access to the upbringing of their chidlren. It is extremely important that both parents be involved in the life of their children. Children need that guidance, support and affection from both sides.

By creating a time sharing and parenting plan, both parents are given shared rigths and responsibilities. They had this before the law changed, you may say. But now it is more clear and more accessible. Parents are encouraged to be more involved with their children's lives even when they reside more time with the other parent.

Some believed that the law suggested that both parent had to share 50 percent of the time with the children. However, the Courts have clarified that this is not mandatory since it may not always be practical. Some parents who live close by have the same ability to take and pick up children to/from school and other activies. However, this is not always practical and in many cases the every-other weekend visitation schedule still prevails.

Althought the change in law occured more on name than on actual practice, I have seen an increase on the tendency to have both parents more involved with their children. Raising children is not just about paying financial support, but about supporing the children in many other ways. What better way of support than to be there for your child when he/she needs a friend to talk to?

More on the family law updates coming soon . . .

Yahima Suarez, Esq.

305-557-4304

Any information herein contained is only for information purposes only, it is not intended and shall not be construed in any way to constitute legal advise.