Articles Tagged with Florida child support

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For some people, complaining about money is a hobby, and some even elevate it to the status of a high art. While they might get a kick out of grousing about the prices of items on restaurant menus or in the supermarket, it is understood that they ultimately have a choice about which items they buy. What really ruffles people’s feathers are fees that they are legally required to pay.  Even generally cheerful people grumble about taxes and parking tickets. Child support is another financial obligation that people often feel is imposed on them against their will. It is not hard to find divorced parents who, given the opportunity, will go on at length about how much better their financial situation would be if they did not have to pay child support. Even people who would never complain out loud might secretly wish that there were a way to be legally exempt from paying child support. In fact, there are several ways, but most of them involve circumstances you would not wish for yourself.

The Child Support That Most People Have to Pay

Florida has standard child support guidelines. The main criteria determining how much you must pay are your net income and the number of children you must support. Judges usually follow the child support guidelines closely. In fact, when a judge orders a child support amount that differs from the amount determined by the guidelines by more than 5%, the judge must file a written statement explaining why he or she decided on this new amount. Continue reading

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Florida’s tradition of family law acknowledges that there is more than one way to be a father.  The child’s biological father is not necessarily the child’s legal father. In fact, when establishing paternity, the courts do not always order DNA paternity tests. Sometimes a Voluntary Acknowledgement of Paternity is all you need. Things get more complicated when it comes to matters of child support, however. Is the biological father always the one who should pay child support for the child? The answer, according to Florida case law, is that it depends, and not always in the ways you would expect. The decision in the Parker v. Parker case will surprise many people, but the reasons behind the decision reveal a lot about what it means to be a father in Florida.

The Facts of the Parker v. Parker Case

Parker v. Parker made news as the case in which a Florida court ordered a man to continue to pay child support for his ex-wife’s son even after a DNA test proved that he was not the child’s biological father.  When Richard Parker and his wife Margaret initiated their divorce, their son was more than a year old. The court ordered Richard to pay $1,200 per month in child support.  Richard fell behind on the child support payments, and the court tried to enforce payment of them. Richard responded by expressing doubt that he was the child’s biological father, as Margaret had been unfaithful to him during the marriage.  Even after the family underwent DNA testing, and the results showed the Richard was not the biological father, the court required him to continue paying child support. Why would a court order a man to pay child support for a child of whom he was not the biological father and whom he did not adopt? Continue reading

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Florida child support laws include a specific formula by which to calculate child support orders. The formula takes into account factors such as the number of children at issue, each parent’s income, expenses, costs of child care, costs of the child’s healthcare, any special needs of a child, and more. These calculations are meant to cover the basic necessities of the child. Generally, a court is expected to follow the guidelines for child support, however the court does have a limited amount of discretion to stray from the guidelines if it finds the circumstances justify such a decision. In most situations, however, the court may only deviate from the set formula by five percent.

Good Fortune Child Support

There are some circumstances under which a court may divert more substantially from the child support formulas and order child support amounts that cover more than just a child’s basic needs. This is referred to in Florida as “good fortune” child support, and is often awarded in cases in which one parent is particularly affluent. Courts have determined that children of such parents deserve to benefit from that parent’s wealth and success, especially since they would enjoy such benefits if the parents were married.