Sarasota Child Support Lawyer
Children are often caught in the crossfire when their parents’ divorce. Children are almost always blameless in these matters, yet they almost always suffer emotionally and, more importantly, financially. So, child support is one of the most effective shields available. These payments help equalize the pre-divorce and post-divorce standard of living for the children. Child support calculation is straightforward in many states, but it’s complex in Florida due to the various factors involved. More on that below.
The compassionate Sarasota child support lawyers at Carman & Bevington understand what children and parents are going through at this time. Almost everyone on our professional team has gone through a similar experience. This compassion motivates us to find the best and most cost-effective solution for you and your family. Furthermore, we understand that child support should be a boon to the children but never a burden to the obligor (person paying support).
Setting Obligations
Florida is an income share state, meaning that child support is calculated based on the combined income of both parents. The child support guideline amounts, which are presumptively reasonable, are based on many factors, mostly:
- Proportional income of both parents,
- Number of children affected by the order, and
- Parenting time division, mostly the number of overnight visits.
Special educational, healthcare, and other needs of the children may affect the guideline determination as well. Sometimes, these special needs are so overwhelming that the guideline amount is unworkable.
In these cases, a Sarasota child support lawyer asks the judge to deviate from the guideline amount and set an obligation based on the actual needs of the children.
It is important to note the difference between needs and wants. Susie may have special educational needs that a free public school or an expensive private school could address.
Other times, one or both parents have a very high income. High incomes alter the aforementioned standard of living factor. These matters are somewhat more straightforward, as adjusting the amount is more like recalculating it.
Modifying Amounts
Both guideline and non-guideline child support obligations are based on the financial and emotional circumstances at the time of divorce. Financial and emotional factors change frequently. Either side can ask for a modification if this change is:
- Substantial: As a rule of thumb, a substantial income change means a 10% increase or decrease. Sometimes, direct evidence is available, such as tax returns. Other times, a Sarasota child support lawyer uses circumstantial evidence, like lifestyle changes, to establish a new income level.
- Permanent: This modification factor could apply to both financial and emotional changes. Especially if the obligor or obligee (person receiving support) is self-employed, income peaks and valleys are inevitable. Furthermore, children commonly feel closer to one parent or the other at different times in their lives. These feelings sometimes change month to month, or even week to week.: This factor is more commonly seen in spousal support modification cases.
- Unexpected: This factor is more commonly seen in spousal support modification cases. The obligor’s retirement is not an unexpected event and therefore does not trigger mandatory change. In the child support modification context, unexpected usually means unwilful. Parents cannot quit jobs to increase or decrease child support payments.
Modification increases are usually retroactive to the date of changed circumstances. Modification reductions, however, usually aren’t retroactive.
Child support modification may also involve child support enforcement. Several options are available in this area, including property/credit liens, amended payment schedules, wage garnishment, and even incarceration in some cases.
Rely on a Sarasota County Child Support Attorney
Child support is for the benefit of the children. For a free consultation with an experienced family law attorney in Sarasota, contact Carman, Bevington & Finegan, P.A. Virtual, home, and after-hours appointments are available.