When a family falls apart, the emotional and financial needs of its members become especially important. When divorce or separation causes the breakdown of a family, a court can order that financial support is continued for the spouse and the children.
If you are married, then you may be entitled to temporary, and sometimes long-term, spousal support (also referred to as “alimony”) from your spouse. This depends on numerous factors that can be discussed with your attorney.
Regardless of whether you are married on unmarried, but have a child, then you are entitled to child support from the child’s other parent. Generally, child support is calculated based on each parent’s income and the amount of timesharing he or she has with the child. Although there may be slight increases or decreases based on special factors, child support is usually based on a formula. Child support continues until the child has reached the age of 18, or if he or she is still in high school at age 18, until the conclusion of high school.
Florida law requires that each parent contribute to the support of the children. The amounts of child support owed vary, based on parental income, the number of overnights, cost of medical insurance and daycare. If you are getting divorced and have not worked outside of the home, the court will expect that you obtain education, job-training, or obtain employment.
Children are considered innocent bystanders, and the court is always making decisions based on the best interests of the children. Regardless of whether parents move away, never visit with their children, or have equal time-sharing, the obligation of child support is enforceable. The court can order that a parent’s driver’s license be suspended based on failure to pay support.
If someone refuses to work, a vocational evaluation can be ordered; when a parent claims she/he is not making money, and, if the parent is a business owner, the business can be evaluated. Child support can be modified if the parent has higher earnings, loses his/her job or if the child has special medical needs.
If you need assistance with child support, please call us at (941) 893-6400 or contact us online. We look forward to helping you.
In a Florida proceeding for dissolution of marriage, the court may grant alimony to either party, and the alimony may be bridge-the-gap, rehabilitative, durational, or permanent in nature or any combination of these forms of alimony. In any award of alimony, the court may order periodic payments or payments in lump sum or both. The court then looks to additional factors in order to determine the type of alimony that should be awarded, if any. Florida statutes section 61.08 provides the criteria for awarding alimony.
Depending on the length of marriage, a short term alimony, such as bridge-the-gap, may be awarded if a spouse has not worked because she/he stayed at home to care for children. The court will then expect the unemployed spouse to obtain education, vocational training, or find employment. An educational plan would have to be presented to the court. Please contact us at (941) 893-6400 or contact us online. We look forward to helping you.
To learn more about the issues of Spousal Support and/or Child Support, please visit the pages listed below or call us at (941) 893-6400 or contact us online.