Child support, under Florida law, is initially established by applying the Florida child support guidelines. The child support guidelines are applied to not only a final hearing in a dissolution of marriage action, but are also applicable in temporary support proceedings
Florida Statute 61.30(1)(a) specifically states that the child support guideline amount is utilized to establish the amount of child support, whether in a temporary or permanent proceeding.
When the court is assigned the task of determining the amount of child support that is going to be paid, a trial court is permitted to deviate from the amount of child support as provided for in the guideline amount, based on a myriad of different factors, as noted in Florida Statute 61.30(1)(a)(11). There are 11 separate factors itemized under this statute which provide for different scenarios for deviating from the child support guidelines. Take a few moments to read through that section to see if any of the listed factors will provide you with a basis to seek additional child support over and above the amount as set forth under the child support guidelines.
Before a court is in fact authorized however to deviate, the amount of child support pursuant to the guidelines must be first determined.
Child support is a right that belongs to your child. Parents do not have the right to waive the amount of child support that the child or children will receive.
If you want to be sure that you are maximizing the amount of child support for your children, or that you are paying the appropriate amount of child support, you need the advice of an experienced Boca Raton divorce attorney like Alan R. Burton, who has been practicing law for over 35 years. Call him today at 954-295-9222. He can help you.