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How much child support do i owe in florida


2021 Child Support Calculator in Florida| LaFrance Family Law

When it comes to time-sharing in Florida, it’s extremely important to keep the child’s life as normal as possible. Florida’s child support guidelines were created to make sure the children experience the same level of comfort and care you were able to provide before getting a divorce. If the parents were not previously married, child support in Florida is calculated to allow the same level of financial support as if they lived in a two-parent household.

Created exclusively for LaFrance Law, the calculator uses the most current guidelines outlined in Florida State Statute 61.30.

We know coming to a child support agreement is stressful. LaFrance Law is a Tampa area attorney team committed to ensuring your child support plan is fair to both parties, and most of all the children in question. Contact us to work with a dedicated team of family law experts for the most accurate child support calculation.

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Florida Child Support Calculator 2021

Step 1: Use the slider to specify the amount closest to the combined monthly income between the two parents.

Combined Monthly Income:

Step 2: Select the number of children involved.

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Estimated Monthly Support Due:

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If your combined monthly income exceeds $10,000, child support is calculated by multiplying the amount of income over $10,000 by a percentage based on the number of children. It is then added to the base amount determined by the child support calculator.

Number of Children
One Two Three Four Five Six
5% 7.5% 9.5% 11% 12% 12.5%
Combined Monthly Income One Two Three Four Five Six
$800 $190 $211 $213 $216 $218 $220
$850 $202 $257 $259 $262 $265 $268
$900 $213 $302 $305 $309 $312 $315
$950 $224 $347 $351 $355 $359 $363
$1,000 $235 $365 $397 $402 $406 $410
$1,050 $246 $382 $443 $448 $453 $458
$1,100 $258 $400 $489 $495 $500 $505
$1,150 $269 $417 $522 $541 $547 $553
$1,200 $280 $435 $544 $588 $594 $600
$1,250 $290 $451 $565 $634 $641 $648
$1,300 $300 $467 $584 $659 $688 $695
$1,350 $310 $482 $603 $681 $735 $743
$1,400 $320 $498 $623 $702 $765 $790
$1,450 $330 $513 $642 $724 $789 $838
$1,500 $340 $529 $662 $746 $813 $869
$1,550 $350 $544 $681 $768 $836 $895
$1,600 $360 $560 $701 $790 $860 $920
$1,650 $370 $575 $720 $812 $884 $945
$1,700 $380 $591 $740 $833 $907 $971
$1,750 $390 $606 $759 $855 $931 $996
$1,800 $400 $622 $779 $877 $955 $1,022
$1,850 $410 $638 $798 $900 $979 $1,048
$1,900 $421 $654 $818 $923 $1,004 $1,074
$1,950 $431 $670 $839 $946 $1,029 $1,101
$2,000 $442 $686 $859 $968 $1,054 $1,128
$2,050 $452 $702 $879 $991 $1,079 $1,154
$2,100 $463 $718 $899 $1,014 $1,104 $1,181
$2,150 $473 $734 $919 $1,037 $1,129 $1,207
$2,200 $484 $751 $940 $1,060 $1,154 $1,234
$2,250 $494 $767 $960 $1,082 $1,179 $1,261
$2,300 $505 $783 $980 $1,105 $1,204 $1,287
$2,350 $515 $799 $1,000 $1,128 $1,229 $1,314
$2,400 $526 $815 $1,020 $1,151 $1,254 $1,340
$2,450 $536 $831 $1,041 $1,174 $1,279 $1,367
$2,500 $547 $847 $1,061 $1,196 $1,304 $1,394
$2,550 $557 $864 $1,081 $1,219 $1,329 $1,420
$2,600 $568 $880 $1,101 $1,242 $1,354 $1,447
$2,650 $578 $896 $1,121 $1,265 $1,379 $1,473
$2,700 $588 $912 $1,141 $1,287 $1,403 $1,500
$2,750 $597 $927 $1,160 $1,308 $1,426 $1,524
$2,800 $607 $941 $1,178 $1,328 $1,448 $1,549
$2,850 $616 $956 $1,197 $1,349 $1,471 $1,573
$2,900 $626 $971 $1,215 $1,370 $1,494 $1,598
$2,950 $635 $986 $1,234 $1,391 $1,517 $1,622
$3,000 $644 $1,001 $1,252 $1,412 $1,540 $1,647
$3,050 $654 $1,016 $1,271 $1,433 $1,563 $1,671
$3,100 $663 $1,031 $1,289 $1,453 $1,586 $1,695
$3,150 $673 $1,045 $1,308 $1,474 $1,608 $1,720
$3,200 $682 $1,060 $1,327 $1,495 $1,631 $1,744
$3,250 $691 $1,075 $1,345 $1,516 $1,654 $1,769
$3,300 $701 $1,090 $1,364 $1,537 $1,677 $1,793
$3,350 $710 $1,105 $1,382 $1,558 $1,700 $1,818
$3,400 $720 $1,120 $1,401 $1,579 $1,723 $1,842
$3,450 $729 $1,135 $1,419 $1,599 $1,745 $1,867
$3,500 $738 $1,149 $1,438 $1,620 $1,768 $1,891
$3,550 $748 $1,164 $1,456 $1,641 $1,791 $1,915
$3,600 $757 $1,179 $1,475 $1,662 $1,814 $1,940
$3,650 $767 $1,194 $1,493 $1,683 $1,837 $1,964
$3,700 $776 $1,208 $1,503 $1,702 $1,857 $1,987
$3,750 $784 $1,221 $1,520 $1,721 $1,878 $2,009
$3,800 $793 $1,234 $1,536 $1,740 $1,899 $2,031
$3,850 $802 $1,248 $1,553 $1,759 $1,920 $2,053
$3,900 $811 $1,261 $1,570 $1,778 $1,940 $2,075
$3,950 $819 $1,275 $1,587 $1,797 $1,961 $2,097
$4,000 $828 $1,288 $1,603 $1,816 $1,982 $2,119
$4,050 $837 $1,302 $1,620 $1,835 $2,002 $2,141
$4,100 $846 $1,315 $1,637 $1,854 $2,023 $2,163
$4,150 $854 $1,329 $1,654 $1,873 $2,044 $2,185
$4,200 $863 $1,342 $1,670 $1,892 $2,064 $2,207
$4,250 $872 $1,355 $1,687 $1,911 $2,085 $2,229
$4,300 $881 $1,369 $1,704 $1,930 $2,106 $2,251
$4,350 $889 $1,382 $1,721 $1,949 $2,127 $2,273
$4,400 $898 $1,396 $1,737 $1,968 $2,147 $2,295
$4,450 $907 $1,409 $1,754 $1,987 $2,168 $2,317
$4,500 $916 $1,423 $1,771 $2,006 $2,189 $2,339
$4,550 $924 $1,436 $1,788 $2,024 $2,209 $2,361
$4,600 $933 $1,450 $1,804 $2,043 $2,230 $2,384
$4,650 $942 $1,463 $1,821 $2,062 $2,251 $2,406
$4,700 $951 $1,477 $1,838 $2,081 $2,271 $2,428
$4,750 $959 $1,490 $1,855 $2,100 $2,292 $2,450
$4,800 $968 $1,503 $1,871 $2,119 $2,313 $2,472
$4,850 $977 $1,517 $1,888 $2,138 $2,334 $2,494
$4,900 $986 $1,530 $1,905 $2,157 $2,354 $2,516
$4,950 $993 $1,542 $1,927 $2,174 $2,372 $2,535
$5,000 $1,000 $1,551 $1,939 $2,188 $2,387 $2,551
$5,050 $1,006 $1,561 $1,952 $2,202 $2,402 $2,567
$5,100 $1,013 $1,571 $1,964 $2,215 $2,417 $2,583
$5,150 $1,019 $1,580 $1,976 $2,229 $2,432 $2,599
$5,200 $1,025 $1,590 $1,988 $2,243 $2,447 $2,615
$5,250 $1,032 $1,599 $2,000 $2,256 $2,462 $2,631
$5,300 $1,038 $1,609 $2,012 $2,270 $2,477 $2,647
$5,350 $1,045 $1,619 $2,024 $2,283 $2,492 $2,663
$5,400 $1,051 $1,628 $2,037 $2,297 $2,507 $2,679
$5,450 $1,057 $1,638 $2,049 $2,311 $2,522 $2,695
$5,500 $1,064 $1,647 $2,061 $2,324 $2,537 $2,711
$5,550 $1,070 $1,657 $2,073 $2,338 $2,552 $2,727
$5,600 $1,077 $1,667 $2,085 $2,352 $2,567 $2,743
$5,650 $1,083 $1,676 $2,097 $2,365 $2,582 $2,759
$5,700 $1,089 $1,686 $2,109 $2,379 $2,597 $2,775
$5,750 $1,096 $1,695 $2,122 $2,393 $2,612 $2,791
$5,800 $1,102 $1,705 $2,134 $2,406 $2,627 $2,807
$5,850 $1,107 $1,713 $2,144 $2,418 $2,639 $2,820
$5,900 $1,111 $1,721 $2,155 $2,429 $2,651 $2,833
$5,950 $1,116 $1,729 $2,165 $2,440 $2,663 $2,847
$6,000 $1,121 $1,737 $2,175 $2,451 $2,676 $2,860
$6,050 $1,126 $1,746 $2,185 $2,462 $2,688 $2,874
$6,100 $1,131 $1,754 $2,196 $2,473 $2,700 $2,887
$6,150 $1,136 $1,762 $2,206 $2,484 $2,712 $2,900
$6,200 $1,141 $1,770 $2,216 $2,495 $2,724 $2,914
$6,250 $1,145 $1,778 $2,227 $2,506 $2,737 $2,927
$6,300 $1,150 $1,786 $2,237 $2,517 $2,749 $2,941
$6,350 $1,155 $1,795 $2,247 $2,529 $2,761 $2,954
$6,400 $1,160 $1,803 $2,258 $2,540 $2,773 $2,967
$6,450 $1,165 $1,811 $2,268 $2,551 $2,785 $2,981
$6,500 $1,170 $1,819 $2,278 $2,562 $2,798 $2,994
$6,550 $1,175 $1,827 $2,288 $2,573 $2,810 $3,008
$6,600 $1,179 $1,835 $2,299 $2,584 $2,822 $3,021
$6,650 $1,184 $1,843 $2,309 $2,595 $2,834 $3,034
$6,700 $1,189 $1,850 $2,317 $2,604 $2,845 $3,045
$6,750 $1,193 $1,856 $2,325 $2,613 $2,854 $3,055
$6,800 $1,196 $1,862 $2,332 $2,621 $2,863 $3,064
$6,850 $1,200 $1,868 $2,340 $2,630 $2,872 $3,074
$6,900 $1,204 $1,873 $2,347 $2,639 $2,882 $3,084
$6,950 $1,208 $1,879 $2,355 $2,647 $2,891 $3,094
$7,000 $1,212 $1,885 $2,362 $2,656 $2,900 $3,103
$7,050 $1,216 $1,891 $2,370 $2,664 $2,909 $3,113
$7,100 $1,220 $1,897 $2,378 $2,673 $2,919 $3,123
$7,150 $1,224 $1,903 $2,385 $2,681 $2,928 $3,133
$7,200 $1,228 $1,909 $2,393 $2,690 $2,937 $3,142
$7,250 $1,232 $1,915 $2,400 $2,698 $2,946 $3,152
$7,300 $1,235 $1,921 $2,408 $2,707 $2,956 $3,162
$7,350 $1,239 $1,927 $2,415 $2,716 $2,965 $3,172
$7,400 $1,243 $1,933 $2,423 $2,724 $2,974 $3,181
$7,450 $1,247 $1,939 $2,430 $2,733 $2,983 $3,191
$7,500 $1,251 $1,945 $2,438 $2,741 $2,993 $3,201
$7,550 $1,255 $1,951 $2,446 $2,750 $3,002 $3,211
$7,600 $1,259 $1,957 $2,453 $2,758 $3,011 $3,220
$7,650 $1,263 $1,963 $2,461 $2,767 $3,020 $3,230
$7,700 $1,267 $1,969 $2,468 $2,775 $3,030 $3,240
$7,750 $1,271 $1,975 $2,476 $2,784 $3,039 $3,250
$7,800 $1,274 $1,981 $2,483 $2,792 $3,048 $3,259
$7,850 $1,278 $1,987 $2,491 $2,801 $3,057 $3,269
$7,900 $1,282 $1,992 $2,498 $2,810 $3,067 $3,279
$7,950 $1,286 $1,998 $2,506 $2,818 $3,076 $3,289
$8,000 $1,290 $2,004 $2,513 $2,827 $3,085 $3,298
$8,050 $1,294 $2,010 $2,521 $2,835 $3,094 $3,308
$8,100 $1,298 $2,016 $2,529 $2,844 $3,104 $3,318
$8,150 $1,302 $2,022 $2,536 $2,852 $3,113 $3,328
$8,200 $1,306 $2,028 $2,544 $2,861 $3,122 $3,337
$8,250 $1,310 $2,034 $2,551 $2,869 $3,131 $3,347
$8,300 $1,313 $2,040 $2,559 $2,878 $3,141 $3,357
$8,350 $1,317 $2,046 $2,566 $2,887 $3,150 $3,367
$8,400 $1,321 $2,052 $2,574 $2,895 $3,159 $3,376
$8,450 $1,325 $2,058 $2,581 $2,904 $3,168 $3,386
$8,500 $1,329 $2,064 $2,589 $2,912 $3,178 $3,396
$8,550 $1,333 $2,070 $2,597 $2,921 $3,187 $3,406
$8,600 $1,337 $2,076 $2,604 $2,929 $3,196 $3,415
$8,650 $1,341 $2,082 $2,612 $2,938 $3,205 $3,425
$8,700 $1,345 $2,088 $2,619 $2,946 $3,215 $3,435
$8,750 $1,349 $2,094 $2,627 $2,955 $3,224 $3,445
$8,800 $1,352 $2,100 $2,634 $2,963 $3,233 $3,454
$8,850 $1,356 $2,106 $2,642 $2,972 $3,242 $3,464
$8,900 $1,360 $2,111 $2,649 $2,981 $3,252 $3,474
$8,950 $1,364 $2,117 $2,657 $2,989 $3,261 $3,484
$9,000 $1,368 $2,123 $2,664 $2,998 $3,270 $3,493
$9,050 $1,372 $2,129 $2,672 $3,006 $3,279 $3,503
$9,100 $1,376 $2,135 $2,680 $3,015 $3,289 $3,513
$9,150 $1,380 $2,141 $2,687 $3,023 $3,298 $3,523
$9,200 $1,384 $2,147 $2,695 $3,032 $3,307 $3,532
$9,250 $1,388 $2,153 $2,702 $3,040 $3,316 $3,542
$9,300 $1,391 $2,159 $2,710 $3,049 $3,326 $3,552
$9,350 $1,395 $2,165 $2,717 $3,058 $3,335 $3,562
$9,400 $1,399 $2,171 $2,725 $3,066 $3,344 $3,571
$9,450 $1,403 $2,177 $2,732 $3,075 $3,353 $3,581
$9,500 $1,407 $2,183 $2,740 $3,083 $3,363 $3,591
$9,550 $1,411 $2,189 $2,748 $3,092 $3,372 $3,601
$9,600 $1,415 $2,195 $2,755 $3,100 $3,381 $3,610
$9,650 $1,419 $2,201 $2,763 $3,109 $3,390 $3,620
$9,700 $1,422 $2,206 $2,767 $3,115 $3,396 $3,628
$9,750 $1,425 $2,210 $2,772 $3,121 $3,402 $3,634
$9,800 $1,427 $2,213 $2,776 $3,126 $3,408 $3,641
$9,850 $1,430 $2,217 $2,781 $3,132 $3,414 $3,647
$9,900 $1,432 $2,221 $2,786 $3,137 $3,420 $3,653
$9,950 $1,435 $2,225 $2,791 $3,143 $3,426 $3,659
$10,000 $1,437 $2,228 $2,795 $3,148 $3,432 $3,666

Florida Child Support Calculation Factors

The estimated child support due each month is calculated using the gross and net monthly income of both parents. The amount of child support, and how much each parent will be obligated to pay, can vary based on several factors.

What to Include for your Income when Calculating Child Support in Florida

The type of income considered for each parent includes (but is not limited to):

  • Salary or wages, bonuses, commissions, allowances, overtime, tips and other small payments
  • Interest and dividends earned
  • Business income from self-employment, partnership, close corporations and independent contracts
  • Disability benefits, all workers’ compensation benefits and unemployment compensation
  • Pension or retirement and social security benefits
  • Spousal support received from a previous marriage
  • Income earned from royalties, trusts and estates

How Florida Child Support Affects Health Care Costs

Health insurance costs and any out-of-pocket medical, dental and prescription medication expenses for the child should be included in child support calculations. Any prepaid health-related expenses should be taken out of that parent’s support obligation.

Each court order shall contain health insurance for the minor child when the increment of adding it does not exceed 5% of the parent’s income, and it is accessible to the child.

Total Childcare Costs Affect Child Support in Florida

Any daycare, after-school care or babysitting should be included as a cost paid by each parent. This should cover any additional time needed for summer months, spring break and holiday weekends.

Additional expenses incurred with childcare may not be included. If one or both parents are unable to care for their child because of work obligations, then child support may be used to cover the expense.

Florida Child Support Calculation Adjustments

Child support payment agreements are not set in stone. There are several factors that could potentially make you eligible for child support modification in Florida.

Some of these factors include, but are not limited to:

  • Medical, psychological, or dental expenses
  • Seasonal variations in income or expenses
  • Age of child
  • Special needs
  • Other child support obligations
  • General custody agreement factors
  • How involved each parent is
  • Joint debts or expense

Every case is different and it is impossible to calculate the exact fair amount via calculator. To work with a dedicated team of child support experts, contact us now.

Florida Child Support Calculator: How to Calculate Your Child Support For Free

Child support guidelines in Florida exist to give some regularity when the court determines financial child support as a guide for out of court payments by separated parents.

Parents Name

Non-Custodial Parent

Custodial Parent Name

Number of children: 1 child2 children3 children4 children5 children6 children

Wages & Income

Non-Custodial Parent

Net Income after TaxNumber of OvernightsDay Care CostMedical Insurance

Custodial Parent

Net Income after TaxNumber of OvernightsDay Care CostMedical Insurance

A Guide To Understanding The Florida Child Support Calculator

Florida Child Support

For parents in the middle of a divorce, or if you do not live together with the father of your child, you may require Florida child support guidelines. Both parents must support their child/children through the Florida “Income Shares Model.”

It means that courts will use a Florida child support calculator to estimate the amount to be spent on the children for child care costs based on both parents’ income.

Florida child support guidelines demand that the children receive support until they turn 18 years. Florida law also suggests disabled children may continue receiving child support payments. Children still in high school and above 18 years are also entitled to child support from both parents.

At the age of nineteen, a child support award is not mandatory except where the child is disabled.

Child Support Regulation In Florida

The Department of Revenue manages the Florida Child Support services. These services include:

DETERMINING PATERNITY

Children born out of wedlock need to determine legal paternity, either through marriage, acknowledgment of the child, genetic testing, court order, and legitimacy.

CHILD SUPPORT LAWS

The Florida Child Support program can help you with a court-order application for child support if you do not have one in place; this is an essential requirement from the courts to legalize the alimony payment obligation.

IMPOSING CHILD SUPPORT GUIDELINES

Some parents may prove difficult with following the court orders on child support agreements. The Florida Child Support authorities may help enforce alimony payments by blocking the offender’s government requirements such as; licenses, passport issuance, scrutinizing tax refunds and freezing accounts /insurance settlement payments.

When a neglectful parent becomes adamant, he may face arrest.

AMENDING CHILD SUPPORT GUIDELINES

Over time, circumstances change financially, and child support guidelines require modification. Either parent may call for a review of an existing child support order. In such a case, either parent’s economic situation must show sufficient evidence to produce at least a 10% change in monthly child support.
Usually, a parent must wait three years minimum to seek a child support modification.

Florida Child Support Payments

EXPENSES

Raising children in Florida necessitates the payment of additional monthly costs, like health care premiums, educational costs, deductibles, and child care costs. Both parents should split these costs with each parent taking up his or her share of responsibility.

INSURANCE

Typically, if the supported partner is unable to purchase insurance or to obtain medical insurance through her job, the supporting spouse will have to pay for the required health coverage or pay out of pocket.
The case is admissible in an alimony settlement case since the paying partner must support the lifestyle offered before the divorce occurred. However, if your job provides group health insurance, you may have to provide continuing health benefits under Florida Statutes to support your spouse and children.

How It’s Calculated

The Florida child support calculator determines the number of payments, the majority parent, and the non-majority partner. After this resolve, child support attorneys help to calculate child support and both parent’s net income based on their gross earnings, less the deductibles.

Total revenue for both parents includes salary/wages, self –employment income, overtime pay, bonuses, social security benefits; passive revenue from corporations and partnerships, alimony from a previous marriage, unemployment benefits, retirement pension, annuity payments, interest and dividends and rental income.

If one parent is underemployed or unemployed, the court may assign a monthly income for them. The allowed parents’ deductions in the computation of child support include:

CHILD HEALTH INSURANCE PREMIUM

  • Daycare costs
  • Income tax deductions
  • Previous marriage Child/spousal support
  • Union deduction
  • Federal insurance costs
  • fixed retirement expenses
  • Number of Children

After arriving at a partner’s gross monthly income, next, you should factor the number of children. The court subsequently allocates a proportion of the net income to be contributed by each parent.

Adjustments of child support amount form the basis of the non-majority parental visiting rights i.e. at least 73 nights every year. In a nutshell, the noncustodial parent is authorized to pay the custodial parent monthly child support ranging 40%-60% based on their income calculations, as per family law of Florida.

Factors That Affect Child Support Amount

EXPENSES

The courts scrutinize the standard of living and the needs for the child/ren before the separation/divorce. Child support courts guidelines ensure that the child obtains the same lifestyle even after the divorce. It also ensures that the child does not suffer extreme child care distress.

THE PARENT’S ABILITY TO PAY

Parents must prove they will proportionally provide sufficient child support. The court ensures that the payments are fair to the paying partner’s income. If the payments cannot help child care according to the laws in Florida, the court allows the modification of the child support payment.

NEEDS OF THE CHILD

The first essentials divorced parents must provide for their child include food, decent housing, day care, education, health care, and special needs.

FLORIDA’S BASIC SUPPORT AMOUNT

The courts may order child support payment in amounts varying with more than 5 percent upon a written order explaining why such guideline payments would be insufficient or inappropriate.

Child support guidelines may grant the basis for proving a modification where circumstances have changed. The basic child support amount for a single child in Florida is $74 where the supporting parent earns a minimum wage/salary of $650.

FATHER’S NUMBER OF DAYS WITH THE CHILD

If the mother of the child is the custodial parent, the father has visitation rights of the recommended 73 overnights each year. The basic computation provides alimony payments to the custodial parent, depending on the agreed parenting plan.

If the laid out parenting plan includes a significant amount of time-sharing where both parents take care of the child in equal amounts of time; it necessitates for additional calculations for the partial child custody Average child support.

THE NUMBER OF CHILDREN TO SUPPORT

If there’s a requirement for alimony, the court must determine if the other partner can facilitate child care support payments. In exceptional circumstances, a court may decline to award alimony if the paying spouse cannot afford the required amounts where two or more children are involved.
Florida abides by the “Income Shares Model.” courts approximate the total cash parents would use on their child or children’s welfare if they still lived together as a family. Both parents contribute child support payments, according to their incomes.

For instance, for income over $10,000, the guidelines stipulate the lowest amount based on the following percentages: One child – 5%, two children – 7.5%, 3 children -9.5%, four children – 11%, five children -12% and 6 children up to 12.5%.

Is Child Support All-Inclusive?

In Florida, both parents have a legal duty to support their child within their financial capability to do so. The amount paid for child support is inclusive of all expenses incurred in the custodial parent’s household including the child’s daily food and upkeep expenses, health insurance and the total overnight visitations will factor in the total amount of child support.

What It Means To You

We all know that raising children is costly; the financial obligations may press in on a parent authorized by the courts to fulfill the Florida child support payments. It is unfortunate that a family undergoing financial constraints cannot co-exist together.

Divorce isn’t cheap, and the financial implications leave deep dents with the noncustodial parent. The living standards are lowered after a divorce, leaving courts the full authority to divide the existing scarce resources.

Although many divorced couples learn to adjust to their children’s pressing obligations, these changes require numerous court trips for child support adjustments. Some parents feel too burdened and skip the whole process, despite receiving many court orders.

Florida family courts remain overwhelmingly busy with family law cases, so you need a lawyer to speed up your child support payments.

How A Qualified Florida Family Lawyer Can Help

Although the Florida child support calculator isn’t as mysterious as many believe, it is beneficial for you to ask for professional assistance from our child support lawyers. We help you in filing all the necessary paperwork and ensure that you accurately reveal your gross income as per the legal requirements.

We also help with child support modifications in cases where you received a salary upgrade, or you changed jobs, or if you lost your job. Let us help you manage your child support financial calculations the right way. We are available to fix all your income compilation as well as your tax deductibles as required in any child support payments.

American divorce. How is the issue of alimony resolved in the States? | Psychology of life | Health

And how is the issue of alimony resolved in the States?

Good reason

For a few more years in New York State, for example, in order to get a divorce, you had to admit one party was guilty and the other was offended. One of the spouses had to confess to treason, drunkenness, beatings...

When nothing of the kind really happened, someone alone had to take responsibility for the crime against the family. And only in 2010 there was adopted a law on the possibility of divorce "without anyone's fault", although the rest of America had already done this a long time ago.

Divorce, where both parties are not to blame, is based on two main reasons: people “have not lived together for a hundred years” (in fact, they have not lived for at least a year and a half) or they are separated by irreconcilable differences.

The first progressive "no fault" divorce law was passed in Oklahoma in 1953, and 17 years later California did the same feat. Then the governor there was Ronald Reagan - the future president of America. It is no coincidence that it was he who had a hand in the liberalization of family law. Reagan is the only one of all 44 US presidents who had a divorce in his biography, which did not prevent him from making his second wife the first lady of the country - Nancy .

Emancipation, however!

I am not a feminist, so I am not horrified when a woman receives alimony from her ex-husband after a divorce. But the way men fight for their wives' money is amazing. The client of a lawyer friend of mine, an engineer by profession, pays her husband three thousand dollars a month, literally half of what she earns.

They didn’t make children, and the engineer doesn’t understand why she should feed someone else’s grown-up child - her ex, who doesn’t work and is just going to study design or business, what exactly, he hasn’t decided yet. But recently the engineer got lucky: she unearthed a terrible secret. It turns out that a 22-year-old girl, an aspiring fashion designer, has been living in the house of her ex-husband for four months now.

This became the reason for a new trial: the ex-wife was spotted and, turning to the judge, said that she did not have the strength to feed two creative people. The husband justified himself that the designer girl was like a daughter to him, but the judge did not heed this argument and the amount of alimony decreased, however, insignificantly. The ex-husband was also recommended to look for a job, bring documentary evidence of mailing his resume to employers and attending an interview. The man left the courtroom gloomy and "robbed".

Still, on an all-American scale, female alimony is still not common, in 2010 only 3% of all divorcing husbands received payments from ex-wives, although, according to experts, the number of such men is growing rapidly.

Is money more precious than love?

In most states, child support is paid until the ex-spouse marries or remarries. But in the state of Florida, for example, the terms of payments were limited not so long ago. The judge sets a time limit, let's say 2 years, since he believes that this time is enough for a woman who did not work in marriage after a divorce to learn how to earn her own bread. The amount of alimony depends on how the marriage was - long or not very long. If you have been married for less than 11 years, this is not considered a long time in Florida. Supporters of a limited period of alimony payments are sure that these payments are “harmful” and often slow down the start of a new life: women do not remarry and even maintain their lonely state in every possible way, because money is more precious than love. And the financially more prosperous half, in order not to pay alimony, goes to deceit and sometimes to the complete collapse of their career.

In general, it is enough to go to the site of divorced and divorced people once and read their stories to understand that all these people are unhappy.

In seven US states, a husband or wife can sue the lover or mistress who caused the divorce. And the "razluchnikov" will answer according to the law for invading foreign territory.

Men also cry

One pensioner, 67 years old, left the state of Massachusetts, according to the laws of which he had to pay his ex-wife, with whom he had been married for 34 years, large alimony. In 2009he lost his job as a pharmacist, and never found a new one, owed his wife 20,000, for which he served four days in prison, until friends and relatives made up the shortfall for him.

After that, the ex-husband went to live on an Indian reservation, since he was a quarter of the Cherokee. Now he is sitting there and saying: I am already old, release me from lifelong alimony to my ex-wife, but we are in a completely equal position.

But in Massachusetts there is no such law that the old ex-husband can not pay alimony to the ex-wife. And in some others, laws have already been passed, according to which the payment of alimony is suspended after reaching retirement age.

In the meantime, the 67-year-old American sits on the reservation, receives a pension of $ 800 a month, most of which goes to pay alimony to his ex-wife.

Who is in profit

The longer a divorce lasts, the more expensive it is. Half of the spouses during this time unite in a common feeling of dislike for lawyers. Lawyers here are called bees who collect honey from divorce flowers, and the longer they collect, the better for them.

The average time for which you will be divorced is from one to three years. The lawyer takes for such cases as for heart surgery, if the case is complex, and if it is simple, then as for appendicitis, which is also a lot.

An amazing coincidence: of the four female divorce lawyers I know, three are single and have never been and never intend to. And I don’t even mentally ask them why ...

You may be interested: How to survive a divorce from your husband, advice from psychologists →

Family Law - Sharifov & Associates - Attorneys at Law

division of joint property in New York

Family law is the branch of law that deals with matters relating to the family and family relations. Our family law practice includes representing clients both at the negotiation stage and in court in cases involving domestic violence (usually followed by an order of protection), divorces, separation, residence of children after divorce, and visitation of children. , child and spousal support, property division, domestic violence, prenuptial agreements, and juvenile delinquency lawsuits. We take part in out-of-court negotiations and also conduct court hearings when necessary.

divorce by consent in New York

Frequently Asked Questions:
1. What is the difference between a contested divorce and a non-contested divorce?

When both husband and wife voluntarily agree on all aspects of divorce, including division of joint property, residence and visitation of children, child support and former spouses, or are able to sign a separation agreement, their divorce is considered a divorce by consent. Arrest for Domestic Violence in New York On the other hand, when spouses cannot agree among themselves on all aspects of divorce and separation, and require the court to make appropriate decisions on the above aspects of divorce, they are forced to deal with a judicial divorce. On the practical side, a legal divorce requires a lot more work, usually takes longer, and tends to cost more.

order of protection in new york

2. How can I get an order of protection in case of family violence?

If something threatens your physical or emotional safety or the safety of your children, you should immediately seek the advice of a lawyer or seek the assistance of the Court. You need to take immediate steps to keep you and your children safe. Family courts in all counties in the State of New York are able to make a quick decision on an application for an order of protection; usually, if needed, it can be done within one day. The Summons, Petition and Order of Protection must be delivered to the defendant. This can be arranged through the local police station, privately, or through a professional document delivery agent. The Family Court may order the Sheriff's Department to serve the documents. The case will be rescheduled and the defendant will be subpoenaed to respond to the domestic violence petition. Either by agreement of the parties or after a hearing, the judge may issue a permanent order of protection, limited or complete, for up to 2 years.

Sometimes the police refuse to make an arrest during an investigation into domestic violence; however, the police may advise the victim to go to Family Court and ask the Judge to issue an Order of Protection. Both the New York State Criminal and Family Courts have concurrent jurisdiction over certain domestic violence offenses. The difference between the procedure in these two courts is that in Family Court, you, as the plaintiff, are a party to the process, and you have control of the lawsuit against the defendant (the person you accuse committed acts of domestic violence against you). violence). at any time you can reach an agreement with the defendant as closed; case, or you can just pick up your petition. If the police refuse to arrest the person you complained about, you can file a petition with Family Court. The Family Court Judge has jurisdiction to issue an Order of Protection (full or limited), which will have the same effect as an Order issued by a Criminal Court Judge. For the past several months, due to the Coronavirus pandemic, Family Court has been operating largely virtual, with court hearings via Skype or Microsoft Teams Meetings, and filing petitions via email or Electronic Document Delivery (" EDDS").

The Domestic Violence Petition, unless both parties agree, is decided by the Family Court Judge at the conclusion of the hearing on the merits. The New York State Family Court has jurisdiction over other types of petitions, such as Child Visit and Residence, Child Support, Neglect of a Child, Establishment of Paternity, etc.

Occasionally, after an arrest and first appearance in criminal court, a Domestic Violence Petition is also filed in Family Court, requiring the client to attend both courts for the duration of both relevant cases. If there are minor children in the family, the Criminal Court will often include such children in the Protective Order, however, making an exception for Family Court modifications of the order. In such a case, the defendant who wishes to maintain a relationship with his children must go to Family Court and register a child visitation petition, asking the Judge to schedule visits to the children. Depending on the circumstances of the original case that led to the Order of Protection, the judge may allow limited visits, supervised visits, or even supervised visits by a welfare agency.

legal guardianship

3. I can't find my spouse, can I file for divorce?

Personal delivery of original divorce papers (Summon Notice or Summons of Complaint) is required by law. However, in the event that the plaintiff (the person initiating the divorce case) cannot find his/her spouse, the plaintiff must obtain court permission for alternative delivery of documents by filing a written petition with the court.

4. When am I officially divorced?

Parties in a divorce proceeding are considered divorced from the moment the judge signs the divorce decree. In the case of a divorce by consent, if a postcard has been filed in advance, the court will notify the final divorce by mail. In the event of a judicial divorce, although the judge may verbally announce during the trial that the parties are divorced, the divorce is officially finalized after the parties' lawyers have submitted the documents to the court and the judge has signed the divorce decree.

5. What is custody (custody) and how is the issue of child custody after a divorce resolved?

There are two types of custody – legal custody and physical custody. Legal custody essentially means the right to make decisions. During marriage, both parents have rights to raise the child. This includes the right to make decisions about all aspects of a child's upbringing, including religion and education, as long as the parent's decisions do not pose a threat to the child. After a divorce, one of the spouses who has received legal custody of the child makes all decisions independently. You can consult with the other parent, and this is even recommended, however, if you are unable to agree with the other parent or do not wish to consult, you can make your own parenting decisions. Note that the court can always review a parent's decision to raise a child to ensure that the decision is in the best interests of the child. Joint legal custody essentially means that both parents have equal rights to make significant decisions that affect their children's lives. If the parents agreed to joint legal custody, then they essentially agreed to set aside their personal differences in order to effectively raise their children. If the parents are unable to agree on legal custody, then such a decision will be made by the court.

Custody related to the residence of children after a divorce means the right of a parent to permanently reside with this parent in the same family and responsibility for his child while he lives with this parent. If one of the parents received the right to live with the child after the divorce, then the other parent is likely to receive the right to visit the child (visitation). If the parents cannot agree on a visitation schedule for the child, the court will provide such a schedule. Sometimes it is possible to have a joint right of residence of a child with parents in turn in equal shares (joint physical custody). In this case, the child will live half the time in the family of one parent, and half the time in the family of the other.

6. Will I have less time to visit my child if the other parent has exclusive legal custody?

Optional. Legal custody means the right to make decisions, not the right to spend time with the child. The parent with exclusive legal custody has the right to make most parenting decisions if both parents cannot agree on that decision. If the parents agreed to joint legal custody, then they essentially agreed to set aside their personal differences in order to effectively raise their children. Each parent in this case has equal rights to make decisions regarding the child. Regardless of whether your spouse has exclusive legal custody or both of you, you still have the opportunity to see your child as much as his schedule allows. Visitation of a child is usually independent of legal custody.

7. How is child support calculated?

New York State offers a formula for calculating the amount of child support payable by a parent as specified in Family Code section 240(1-b). This is a rather complicated article of law that must be read and interpreted carefully in order to accurately calculate the amount of child support. Usually, after the allowed deductions from the parent's total earnings, a certain percentage is applied to the balance of earnings to calculate basic child support. The percentage depends on the number of dependent children under 21:

17% per child, 25% for two children, 29% for three children, 31% for four children, and 35% for five or more children;

It is necessary to carefully and carefully interpret the article of the law in order to accurately calculate child support, as there are many factors and conditions prescribed in the law that affect these calculations.

8. Who pays child support?

Generally, the parent with whom the child does not live most of the time will pay child support to the other parent.

child support in New York

9. Will I be able to pay child support less than what is required by law?

The best chance to achieve this is to negotiate a reduction in child support as part of a common agreement between the parties. Do not forget, however, that the other party is not obliged to agree to this. Only in rare cases does the court find reasons not to apply the formula provided by law.

10. What if the children spend a significant part of their time with me, or even 50% of the time?

Once again, if you are unable to negotiate a reduction in child support with the other party, it will be extremely difficult for you to persuade the court not to apply the statutory formula. To illustrate this, note that even if the parents spend the same amount of time with the children, there is case law stating that the parent with the higher income counts as the parent not living with the child for purposes of calculating child support, and such parent would have to pay formula support! ! This shows how much more beneficial it is for clients to take good faith negotiations seriously as the best way to resolve a dispute.

11. Until what age should a parent support a child?

In New York State, a child is entitled to parental support until the age of 21, unless he/she begins independent living earlier. If a child chooses not to attend college and instead joins the military or starts working full-time, then parental support ends when the child reaches 18 years of age.

12. Will a child be eligible for support if she stays in college after her 21st birthday to complete her studies and earn a bachelor's or graduate degree?

No. If child support continues after his 21st birthday, it will only be as a result of the agreement of both parents. The law does not require parents to continue supporting children after they turn 21, regardless of whether higher education is completed.

13. If my spouse has sole legal custody, or if we share joint legal custody, or if the children just live primarily with one parent, can the children's residence be changed unilaterally? OK with this parent?

The Court takes the issue of changing the residence of children very seriously. The main criterion for the court is the issue of the welfare of the children. In attempting to make such a decision, the court will ask the question: "If such a change in the place of residence of the child is allowed, will it significantly change the nature of the relationship between the child and the parent who does not move to a new place with him?" The court will try to find out as much as possible about the nature of the relationship with the parent. (For example, how often do you see your children? Do you go to their school events? Do you meet with your children during the school week? Do you make use of all the visits that you have assigned to your children? How good are your visits to children?) will evaluate all reasons for the expected relocation of children to determine whether the parent with whom the child lives has explored all possibilities to avoid such a relocation. The distance over which the proposed move is made is also an important factor. Is this the distance that will prevent you from regularly visiting your children? The latest trend in jurisprudence is to generally allow moves up to 2 hours by car from the children's previous residence (assuming the parent with whom the children live generally has a good reason for the move). These decisions were determined by the circumstances, so don't try to reassure yourself ahead of time based on what the court has decided in other cases.

14. Will my spouse be required to pay me alimony or maintenance after the divorce, and if so, for how long?

A recent change to the law that went into effect in 2016 provides for a formula on how to calculate temporary alimony, as well as a recommended formula for calculating permanent alimony after divorce and how long it lasts. There are also additional factors that the court must consider when determining the amount and duration of child support.

Here are a few factors that are considered the most significant:

  • length of marriage; the age and state of health of each spouse;
  • present and future earning potential for each spouse;
  • your opportunity to become financially independent;
  • reduced or lost earning opportunity due to denial or delay in education, training, employment, or career development during marriage;
  • having children in your home;

This is a complex decision and will be influenced by many factors.

15. Can my spouse evict me from our home?

Unless you have physically, verbally, or mentally abused your spouse, or have already found another place to live, it will be extremely difficult for your spouse to evict you from their home. Unless you agree to move out voluntarily, your spouse will have to file a petition with the court for you to be evicted, and the court will give you an opportunity to respond to it.

16. Can I and my children continue to live in our house after the divorce?

Assuming that the children will be living with you, and if you have a child under 18, the court will generally try to keep the child in the home, neighborhood, and school to which he is already accustomed, assuming that the child is fine in this environment, and also implying that financial circumstances allow it.

17. Am I entitled to a share in the value of the house, even if the title is not in my name?

If the house was purchased during the marriage with money earned during the marriage (regardless of which spouse earned the money), then it is likely that you will be entitled to a share in the price of the house, even if the house is not registered on you. There are many factors to calculate the size, value and percentage of this share.

18. I bought our house before our marriage with funds I purchased before our marriage. Will I have to share the cost of my home with my ex/ex-spouse?

Usually not. However, if the house increased in value during the marriage as a result of your spouse's efforts, or as a result of a joint investment in the house, then your spouse may claim a share of the excess price during the marriage. Please note that if you put your spouse's name on the home title deeds, this may cause your spouse to be able to claim a share of the total value of the home.

19. Will the court force me to sell my house?

If there are no children, and assuming the house is jointly owned, the court will allow each spouse to buy out the other spouse's share. If neither spouse has the ability to buy out the other's share, or is not interested in doing so, the court may order the sale of the house and divide the proceeds from the sale at the discretion of the court.

20. Credit cards: Should they be cancelled?

If you think your spouse will use credit cards beyond justified living expenses, consider closing the account. Most accounts can be closed by either paying off the debt or transferring to another credit card. If your name is first on the account, you can achieve the same goal simply by removing your spouse's name from the account. The final liability for debts will be determined by the court or by agreement. In most cases, it is recommended that you inform your spouse of your actions (after the accounts have already been changed) so that he/she is not unpleasantly surprised or embarrassed when the payment is unexpectedly declined.

21. Do I have to withdraw money from all joint accounts to protect myself from my spouse taking or hiding the money?

The courts do not approve of either spouse withdrawing all the money from a joint account or withdrawing money without a good reason. The husband should think seriously before withdrawing money. Do not forget that the court has the right to demand liability from the spouse if it is proved that he squandered or hid the joint funds.

22. If I own a business or share in a business, will my spouse get a share of the business?

If your business was created during your marriage, or you acquired an interest in a business during your marriage, then your spouse will most likely be able to claim a portion of the business or a portion of your interest in the business. If you acquired the business before marriage, or you acquired an interest in the business using funds from an inheritance or a gift, then your spouse may claim an excess (if any) of the value of the business that occurred during the marriage if you or your spouse is actively contributed to the value of the business. Usually an accountant is hired to do this calculation and there are many factors that go into this calculation. Once the overall valuation of the business has been made, it is calculated what percentage of that value should be used to calculate the spouse's share. There are many factors the court will take into account to determine this percentage, including but not limited to the length of the marriage, your spouse's contribution to the business, family earnings or assets invested in the business, etc.

23. Can my spouse claim the estimated value of my professional license or higher education diploma?

For divorces initiated before 2016, by law, if all or part of the acquisition of a professional license or higher education occurred during marriage and was paid for by joint family funds, then it is likely that the spouse will be able to claim a portion of the assessed value of such a license or diploma. Following recent changes to the New York State Family Code that went into effect in 2016, the court must no longer consider increased earning potential due to a professional license, college degree, celebrity status, or career advancement as part of a family partnership. assets. However, when deciding on an equitable division of joint marital property, the court must take into account each spouse's direct and indirect contribution to enhancing the earning potential of the other spouse. NY Dom. Rel. L. § 236B(5)(d)(7).

24. Which courts can hear divorce, custody and alimony cases?

The Supreme Court has exclusive jurisdiction over divorce cases; however, Family Court has concurrent jurisdiction over custody, visitation, and child support matters. If a person wants to get a divorce, he needs to fill out the original documents in the Supreme Court. If the child's parents are not seeking a divorce, or are not married at all, and want to sue for domestic violence, custody, visitation, or child support, they should file an application in Family Court.

25. What is a juvenile delinquency trial?

This is a New York State Family Court lawsuit involving a juvenile delinquency between the ages of 7 and 16. When such a minor is arrested in New York State, he/she may obtain a subpoena from the police in Family Court in the county where the alleged offense was committed. On the other hand, when the allegations are serious enough and/or the minor child has had previous police referrals, the child may be detained overnight in a special detention center for children and brought to Family Court the next day when the court is open.

When a child comes to court with a parent or guardian, he/she and the parent will be interviewed by a probation officer and, depending on the charges, previous criminal convictions, the wishes of the victim and their parents, if the victim is a minor, the case may be referred to probation department. In this case, the petition against the juvenile delinquent is not filed and the child agrees to follow the rules of the probation department for an initial period of up to 60 days. The child must attend school, report to the probation department when required, write an essay and/or do community service under the direction of a probation officer, and also have no new drives. If the child complies with all this, the case will be dismissed.

If a juvenile is charged with a felony, or if the victim wants the case to continue, the New York City Law Department, which in such cases acts as a prosecutor, will file a petition against the juvenile offender, and the child will be required to appear before judge. A case on juvenile delinquency is similar to a criminal case of an adult in a criminal court, however, there are significant differences: there is no bail for the release of the defendant to freedom for a minor - either he is left in custody or released without bail on bail to the parent / guardian; no right to a jury trial, instead a court hearing before a judge; no criminal conviction - instead, recognition as a juvenile delinquent; punishment options also vary, including case closure, conditional closure, suspended sentences of up to 2 years, or detention with varying degrees of security for an initial period of up to 18 months. For the most serious crimes allegedly committed by minors 13 years of age or older, the prosecutor has the option to refer the case to an adult criminal court.

26. What is marriage annulment and how is it different from divorce?

A man and a woman must be legally capable of entering into a legal marriage. If the parties are not authorized to enter into a marriage, such a marriage can be annulled, that is, declared invalid. Grounds for marriage annulment are untraceable disability, minority, lack of consent, or consent obtained through fraud or intimidation, and incurable mental illness for five years.

  • If one of the spouses is terminally incapable of sexual activity, the marriage may be annulled.
  • Both parties must be over 18 years of age to marry without parental consent. A marriage between persons under the age of 18 may be annulled, at the discretion of the court, if the spouse under 18 wishes to annul the marriage.
  • If, after marriage, either partner becomes terminally ill for 5 years or more, the marriage may be annulled. However, a healthy spouse may be required to maintain a mentally ill spouse for life.
  • The parties must knowingly consent to the marriage. A marriage can be declared invalid if either party consented to the marriage as a result of violence or threats from the other party, or if either party did not understand the meaning and consequences of marriage.
  • A marriage may be annulled if the consent was obtained by fraud, provided that the fraud was such as to deceive an ordinary reasonable person and was essential to obtain the consent of the other party. Fraud must be at the heart of the marriage contract. Only the injured party can annul the marriage on the grounds of lack of consent.
27. What is a declaration of invalidity of a marriage and how does it differ from annulment?

Unlike an annulment, where a marriage can be declared invalid, some marriages are invalid from the moment they are contracted. Such marriages include incest and bigamy.

Learn more