Manutención de Hijos en Florida
When it comes to children, the complexities associated with divorce multiply exponentially. In addition to the “normal” problems of divorce, which must be addressed, the child custody, parenting plans and child support they should also be resolved. The child support in Florida is based on the income of each parent and the number of overnight visits to the child has with the parent without custody. The state of Florida has statutes governing the award of child support, and the Statute of 61.30 defines parental income as:
- Interest income and dividends;
- Tips or commissions;
- Bonuses employment;
- Overtime pay;
- Employment Wages and salaries;
- Business income (receipts minus business expenses);
- Income from self-employment;
- Income from a partnership or corporation;
- Income disability benefits;
- Income from unemployment benefits;
- Pension payments, pension or annuity;
- Payment of social security benefits;
- Income settlement or weekly compensation benefits the worker;
- Spousal from a previous marriage that is expected to continue;
- Income from rental properties, and
- Credits, property or income by copyright.
The following types of income will not be taken into account in determining alimony:
- Revenues from public assistance, and
- Prospective unearned income levels in the past unless the father recently obtained a certification, title and license fees is expected to result in a significant increase in revenues.
Income records that are over five years old usually not taken into account. Net income is calculated by deducting allowable expenses from gross income. Allowable expenses include:
- Spousal support awarded by the Tribunal and paid by a previous marriage or current marriage;
- Child support paid to other children;
- Deductions from federal, state or local taxes;
- Health insurance payments (other than those paid by a qualifying child);
- Mandatory retirement payments, and
- Compulsory union dues.
When net income was calculated for each parent, the two amounts are added together to arrive at a “combined net income.” This compares with the letter child support in Florida, which show a specific amount considering the combined net income and number of children. The amount shown to parents based on the percentage of revenue from each parent is assigned. Even when parents divide the shared 50/50 time with the child, the parent who earns significantly more money can still be ordered to pay child support.
Can the courts deviate from the Child Support Guidelines Florida?
The court only allowed to deviate from the child support guidelines Florida by 5 percent, unless further slippage can adequately justified. The following are accepted as justification for a deviation from the child support guidelines established:
- Greater financial needs of older children;
- A child who has an independent source of income;
- The extraordinary expenses related to the child in dental, educational, psychological or medical areas;
- Seasonal variations in income or expenses of one or both parents;
- Special needs related to a disabled child who previously resolved through the regular budget of the family;
- The impact of the Child and Dependent Care IRS Earned Income Credit or each parent;
- The total assets of the parents;
- Assets held by the son;
- If a parent currently paying support for a child from a previous marriage, both the total amount of child support should not exceed 55 percent of the gross income of that parent;
- If a child spends a significant amount of time with the parent who pays support, but still has less than 20 percent of overnight visits with the financial obligation of the parent can be reduced, and
- Any other adjustments considered necessary by the court to reach a fair result.
Additional factors that may affect the amount of support
Health insurance premiums or medical, dental and prescription costs that are not covered by health insurance costs as well as the monthly cost of child care must also be taken into account in the final amount of the child support. Additional calculations may be required if the Parenting Plan contains a significant amount of timeshare, resulting in both parents have the children 20 percent or more overnight visits per year.
When a parent tries to avoid the obligations of Child Support
Unfortunately, some parents may avoid the payment of child support by leaving a current job well paid, or by failing to find employment commensurate with their education and experience. The Florida courts have taken a firm stance with this kind of behavior. If a Florida judge finds that one parent is voluntarily unemployed or underemployed, he or she can calculate the income of that parent or qualifications based on the recent work history. A parent who fails to provide the required financial information may find that the court put the data on their own. Similarly, a parent who refuses to attend a hearing child support, you may find that the court has little patience with such behavior.
When a parent refuses to pay child support ordered by the court, they will aggressively pursue those payments under the Program of Child Support Enforcement of Florida. A parent who does not pay child support in the state of Florida may find that the Florida Department of Revenue may suspend the driver’s license of the same, place a lien on your property, suspend the passport of the father, and even take over the account Bank of the non-paying parent. In addition, the Registrar may enter a judgment with respect to accumulated arrears, ie, interest begins to accrue at the time of entering the trial. There is no statute of limitations on the arrears of child support and child support enforcement. This means that the parent obviated the child support can be found in front of enforcement mechanisms, even after the children are older than 18 years. In some cases, if the parent is not paying court-ordered child support dies, the assets of the parent can be held responsible for the delays.
Parents who have entered into a verbal agreement on child support may be the exception that proves the rule concerning compliance with the child support payments. In addition, parents who have verbally agreed to reduce payments of child support in exchange for a car, a house or to pay specific expenses related to the child, can not be governed under the rules set forth above. In these cases, if the father agreed to pay the child support you can prove that he or she had a reasonable belief that the other parent does not try to enforce arrears of child support and that he or she could be damaged if the other parent to enforce these arrears, there can be no execution of arrears But beware: usually these types of agreements must be converted to a document written by a court to be considered binding.
A delinquent parents who have had their passports suspended due to arrears in child support of $ 2,500 is unlikely that they return the passport, even if it is necessary for the work of the parent. However, if the arrears are wrong or have already made payments that were not counted, then a motion may be filed to correct those mistakes and have the passport back. In the event that the driving license of a parent is suspended due to arrears of child support, that parent may file a motion to challenge the suspension of driving license, applying for suspension stop action. The parent who has received notice of intention to suspend driver’s license has twenty days to file a motion to challenge. If the motion is not filed within 20 days of the date of notification, the license will be suspended without notice.
Can the Florida child support be modified or canceled?
Under Florida law, child support orders contain an end date to specify that the maintenance end on which the child reaches 18 years , however support orders signed before October 2010 can not have an end date . The exception to this is the child who has not graduated from high school at the time he or she turns 18. In these cases the child support continues until the date of graduation or when the child reaches 19 years. In the case of a child with special needs is unlikely to become a self-sufficient adult, maintenance can possibly last throughout the child’s life.
When the circumstances of the parent paying the child support have changed significantly, he or she may file an additional motion to modify or terminate child support. The process for obtaining a modification or termination of alimony is similar to the process of a divorce, which means there are many steps. The other parent must complete a Supplemental Petition for Modification or Termination of Child Support and current financial information should be disclosed. In some cases, a judge may order the parents to participate in mediation prior to a trial that is being established.
The substantial change in circumstances might be related to the loss of a job, disability of a parent, an increase in childcare costs, increased health care costs, an increase or a significant (15 percent or more ) in revenues from either parent or termination of assistance to childcare allowance for a child. A “permanent” change is any change that has already lasted more than one year or is expected to last more than a year. The amendments are effective from the date of the modification, ie, child support arrears that occurred before the action is filed remain in debt. There is one exception to this rule: If the amount of child support is based on both parents share a significant time with the child and a parent fails to pass this timeshare, a modification of alimony may be awarded with character -retroactive from the date on which the father left to spend time with the child.
Does the child support will impact taxes?
The IRS does not require that the recipient of alimony to pay taxes on that amount, or allow you pay alimony take a tax deduction for the amount paid. To be clear, IRS laws apply when the agreement child support means the monthly amount paid or received as child support. In some cases, child support is grouped with spousal support and can be labeled as family support or spousal support. In these cases, the IRS does not consider the money is for child support. This means that the recipient of the money could be required to pay taxes, and the payer of funds could potentially receive a tax deduction for the amount paid. This means it is very important that the awarded child support be clearly labeled as child support.
Children retroactive child support
When that child support is determined by the court, a retroactive child support may be granted for time spent between parental separation and the date of the support order. If the parents separated more than two years before submitting the document requesting child support, retroactive child support may be granted for a period of up to twenty four months.
Various issues related to Child Support in Florida
Florida courts usually do not take into account the mortgage and car payment of a parent in determining child support. Courts consider the needs of children to be the main proceedings unless the allocation of maintenance will result in the paying parent living end poverty level. In that case, the Court is authorized to deviate from the guidelines for child support in Florida. Many parents who pay child support feel “cheated” when they feel that the parent receiving child support are not using the money for the benefit of the child.
While child support is certainly intended to benefit the child, Florida law does not require that the parent receiving realize how the money is spent. That said, the courts await the child is provided with food, shelter, clothing and transportation at all times, in the homes of both parents. Some parents wonder if child support can be “waived” by the receiving parent. In general, the law does not allow either parent to waive the maintenance of children in their care. Child support is considered a right of the child and the parent receiving child support does as a person of confidence of the child.
How Lawyers can help Ayo and Iken?
Obviously, the amount of alimony paid or received can make a big difference in the lives of all stakeholders, and most importantly, the child. Have one of our experienced attorneys Florida child support to his side, who work hard to ensure that amount of child support is fair to all parties involved is extremely important. Child support may be one of the most important decisions made by the courts for a divorce, and both parents have the responsibility to ensure that their children are properly cared for and financially supported.