While children bring priceless amounts of joy and pride into our lives, they are expensive. A recent estimate found that raising a child born in 2015 through age 18 with a middle-class lifestyle will cost parents at least $312,202 in addition to the cost of college[1]. One of the biggest sticking points in many South Florida divorces is how to allocate this cost between parents.
Typically, when a couple with children divorce, one parent pays the other child support so that the child can retain a standard of living similar to what they previously had. If both parents have equivalent incomes, the parent who has the majority of the timesharing is usually the recipient of the child support and the parent with less than 50% of the timesharing is the payer. However, if the parent with the majority of timesharing is also the higher income earner, the courts may decide to award neither parent child support.
The Florida courts use several factors to determine how much child support they will award to the parent with the majority of timesharing. These include both parents’ incomes, the number of children, child care costs, and healthcare costs.
Child support covers the day-to-day expenses of raising the child and is not for covering luxuries. The definition of “day-to-day” expenses vs “luxury” expenses is determined on a case-by-case basis based on the income and lifestyle of the couple while they were married. Some examples of what child support covers are: rent/mortgage payment, food, utilities, clothing, health insurance, transportation expenses, standard extracurricular activities, etc. Examples of what child support does not cover are: vacations, designer clothing, college tuition, and gifts. College tuition is usually negotiated as a separate item in a divorce agreement.
In South Florida, the child support payer is responsible for paying child support until the child turns 18. If the child is still in high school when they turn 18, the payer must continue making payments until the end of the school year. If the child has special needs, the payer may continue paying beyond the child’s 18th birthday.
It is possible for either parent to seek a modification in child support if one of the parents has a substantial change in income. Florida has severe consequences for parents who do not pay their child support: their wages or tax refund can be garnished and a lien can be put on their property or car. The court also has the right to suspend their driver’s license.
Child support laws are complex and the specifics of each couple’s situation will dictate the amount that a parent pays or receives. For these reasons, you need an experienced family law attorney on your side who will fight for you to receive a fair child support agreement in Palm Beach, Broward or Miami-Dade Counties. Contact Troy Legal today to learn how we can help you.
Troy Legal, P.A. was founded in 2009 and serves clients throughout South Florida. Troy Legal, P.A., specializes in Marital and Family Law, providing reputable legal services for prenuptial and co-habitation agreements, paternity cases, adoption matters, alimony and child support, time sharing and parenting plans, drafting of qualified domestic relations orders (qdros), mediation services, equitable distributions, collaborative law, post-judgement modification and enforcement, domestic violence cases, and dissolution of marriage or divorce. Troy Legal, P.A. is dedicated to serving clients through compassionate and aggressive representation, while upholding the highest degree of ethical standards.
[1]US News. How Much Does It Cost to Raise a Child? | Spending | U.S. News (usnews.com). Accessed October 11, 2024.
Troy Legal, P.A. was founded in 2009 and serves clients throughout South Florida. Troy Legal, P.A., is dedicated to serving clients through compassionate and aggressive representation, while upholding the highest degree of ethical standards.
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