Miami Child Support Lawyer

When a child’s parents no longer live together, one parent will often pay child support or child maintenance payments to help support the child, maintain the child’s quality of life, and ensure that the child has whatever they need. A Miami child support lawyer can help you determine and pursue fair child support for a minor child.

Child Support Laws in Florida

Florida law mandates that every parent has a responsibility to pay for the needs of the child. Child support payments help cover:

  • Home (roof over the child’s head)
  • Food
  • Clothing
  • Medical needs
  • Education
  • Hobbies and entertainment for the child

A parent who fails to pay child support payments may be considered to have abandoned the child and may face legal consequences, including wage garnishment, for that failure to take care of their legal obligations.

Who Will be Required to Pay Child Support After a Divorce?

Many parents fight over child support requirements during a divorce. In many parenting agreements following divorce, one parent will have majority timesharing, while the other parent has minority time sharing. Generally, the parent who has less parenting time and who will, therefore, have fewer child-related expenses to cover will pay child support to the other parent. Even in cases where both parents have equal parenting time, a higher-earning parent may have to issue child support payments to the other parent to help maintain the child’s overall quality of life.

While divorce is the setting in which parents most often consider child support, parents who have never been married and who do not live together may also need to work out child support arrangements. A parent may owe child support even if they do not regularly see the child by their own choice. If the child is adopted by someone else, including a stepparent, it can remove child support obligations.

How is Child Support Determined?

The Florida court system will take a careful look at a number of factors in order to evaluate who has to pay child support and how much support is owed. Those factors may include:

  • Both parents’ income. A parent who is a much higher earner may end up paying more in child support.
  • The child’s specific needs. In addition to general needs, the court may take into consideration any specific needs or difficulties the child may face.
  • Parenting time for each parent.
  • The number of children in the family.
  • Whether the child has any outstanding health needs that will require additional care, payment, or support.
  • The cost of childcare for the child, if needed.
  • The cost of health insurance, if reasonably available.

In some cases, you may find that you have unique financial needs, often based on the child’s need, that can increase the amount of child support required. A lawyer can help you take a closer look at your specific case and the factors you may need to consider.

When Do You Need a Miami Child Support Lawyer?

Ideally, you should contact a Miami child support lawyer to get a better idea of your legal rights and how to ensure that your child’s needs are taken into consideration throughout the divorce process. You may need a Miami child support lawyer if:

  • You are divorced or preparing for divorce.
  • You have a child out of wedlock.
  • You need to file a divorce modification that includes a change in child support.
  • You have a question about circumstances that might change child support amounts.
  • You have not received the child support mandated by the court.

A Miami child support lawyer can help ensure that you and your child’s other parent understand Florida law as it pertains to child support. If you have questions or want to fight for the support your child deserves, contact a Miami child support lawyer to learn more.

FAQ

Does either parent have to pay child support if we have equal parenting time?

It is rare for a divorce agreement to include no child support arrangement. Often, a lower-earning parent will require support in order to ensure the child’s overall wellbeing and quality of life.

Why does Florida mandate child support?

Florida mandates child support because every child has the right to adequate financial support as they grow. Child support is not intended as a payment to the other parent, though the parent may benefit, in some ways, from those payments. Rather, child support is intended as a benefit and support for the child.

Can a premarital agreement or marital agreement determine child support?

A premarital agreement or marital agreement cannot determine child support in the event of a divorce. Circumstances can change substantially between the signing of that agreement and a divorce. Not only that, children have a right to financial support that is not governed by a premarital agreement.

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