Orlando Child Support Lawyer
Child support affects your child, your monthly budget, and your long-term financial stability. Whether you are seeking support, being asked to pay support (hello to the Department of Revenue), trying to modify an existing order, or enforcing nonpayment, you need clear guidance before agreeing to terms or going to court.
Jacobs Law Firm represents parents in Orlando, Winter Park, Clermont, Orange County, Lake County, and throughout Central Florida in child support matters involving divorce, paternity, parenting plans, time-sharing, modification, and enforcement. Let’s review what your child support obligation is currently, and what it should be based on changed circumstances. Call 407-335-8113 to schedule a consultation.
Child Support in Florida Is Based on Guidelines
Florida child support is generally calculated under the Florida Child Support Guidelines. The guideline amount is presumed to be the amount the court should order, although the court may deviate from that amount in limited circumstances (a motion for deviation can be based on real life circumstances that make sense). Florida law also allows the court to consider a parent’s income, the child’s needs, the parents’ financial circumstances, and other relevant factors. Reimbursed income in kind is a factor worth serious consideration.
A child support case may involve:
- Each parent’s gross monthly income
- Health insurance costs for the child
- Daycare or child care expenses
- The number of children
- The number of overnights in the parenting plan
- Existing support obligations
- Self-employment income
- Bonuses, commissions, overtime, tips, or business income
- Voluntary unemployment or underemployment
- Retroactive support
A child support calculation can look simple on paper, but the outcome often depends on the accuracy of the financial information. It also depends on hearing officer or judge’s determination of the veracity of the person testifying. If one parent is self-employed, earns cash income, receives irregular bonuses, owns a business, or refuses to provide complete records, the calculation may require careful discovery and evidence. Many have speculated that child support amounts are being influenced by our “gig” based economy where employment is inconsistent.
Time-Sharing Can Affect Child Support
Child support and time-sharing are connected, but they are not the same issue. Equal time-sharing does not automatically eliminate child support. Florida law expressly states that an equal time-sharing order does not prevent the court from also entering a child support order. Many parents want to declare child support as de minimis (so low as to be unnecessary) to help resolve their case, but that is not how court’s work.
Time-sharing may affect the calculation when a parent exercises a substantial amount of overnights. Florida law defines a substantial amount of time-sharing, for child support adjustment purposes, as at least 20 percent of the overnights of the year.
Before you agree to a parenting plan or support number, it is important to understand how the schedule may affect the final support obligation. The first consideration is your child’s best interests. Then, you should look to how that impacts your ability to support and provide for them.
Child Support in Divorce and Paternity Cases
Child support may arise in divorce cases, paternity cases, modification cases, and enforcement actions. In a divorce, child support is often addressed along with the parenting plan, time-sharing schedule, health insurance, daycare (this is pro rata and can also be handled separately), uncovered medical expenses, alimony, and equitable distribution.
In a paternity case, child support may be addressed along with parental responsibility, time-sharing, the child’s name, health insurance, and other parenting issues. For unmarried parents, establishing a legal framework can create structure and reduce conflict.
Jacobs Law Firm helps parents understand what information must be gathered, what numbers matter, and how the parenting plan and support calculation work together.
Can Child Support Be Modified?
A child support order may be modified when the legal standard is met. Florida law provides that the guidelines may help prove a substantial change in circumstances, but the difference between the existing monthly obligation and the new guideline amount must generally be at least 15 percent or $50, whichever is greater. This threshold is much lower and more flexible than time-sharing modification.
Common reasons parents ask about child support modification include:
- A substantial change in income
- Job loss or job change
- A change in the child’s health insurance costs
- A change in daycare or child care expenses
- A change in the time-sharing schedule
- A parent failing to exercise court-ordered time-sharing
- A child turning 18 or graduating from high school
- A new paternity or divorce order affecting support
Do not rely on informal agreements alone. If the court order says support must be paid, the order remains enforceable unless and until it is properly modified. Court orders are controlling.
Enforcing Child Support Orders
If the other parent is not paying court-ordered child support, you may have legal options. Enforcement may involve a motion for contempt, income withholding, payment toward arrears, attorney’s fees, or other remedies depending on the facts.
If you are accused of nonpayment, it is also important to respond correctly. Ignoring the issue can create serious financial and legal consequences. If your income has changed, a modification may be appropriate, but waiting too long can make the problem harder to fix. Do not wait until your driver license is suspended to take corrective action.
Retroactive Child Support
Florida courts may award retroactive child support in some cases. Florida law gives the court discretion to award support retroactive to the date the parents did not reside together in the same household with the child, not to exceed 24 months before the petition was filed.
Retroactive support can become a major issue in paternity and divorce cases. Parents should understand the potential exposure before settlement discussions or mediation. You could be on the hook for tens of thousands of dollars in arrearages.
Why Choose Jacobs Law Firm for Child Support?
Child support cases require more than plugging numbers into a calculator. A lawyer can help identify missing income, challenge inaccurate numbers, account for time-sharing, evaluate health insurance and daycare costs, and determine whether modification or enforcement is appropriate.
Clients contact Jacobs Law Firm because they want direct guidance, practical advice, and representation from a family law attorney who understands how support issues connect with parenting plans, divorce, paternity, and post-judgment litigation.
Speak With an Orlando Child Support Attorney
Whether you need to establish, modify, enforce, or defend against a child support claim, Jacobs Law Firm can help you understand your options.
Call 407-335-8113 today to schedule a consultation.
Winter Park Office
331 S Wymore Rd
Winter Park, FL 32789
Clermont Office
838 W Desoto St
Clermont, FL 34711
Jacobs Law Firm serves clients in Orlando, Winter Park, Clermont, Orange County, Lake County, and throughout Central Florida.
Frequently Asked Questions About Child Support in Orlando
How is child support calculated in Florida?
Florida child support is generally calculated using the statutory guidelines, which consider each parent’s income, the number of children, health insurance, daycare, and the time-sharing schedule. We create child support guidelines for our clients.
Does 50/50 time-sharing mean no child support?
No. Equal time-sharing does not automatically eliminate child support. The court may still order support depending on the parents’ incomes and other factors. If you want to pay child support in a different fashion and both parents agree, it is ok to ask courts to implement a strategy in your child’s best interests.
Can parents agree to no child support?
Parents should not assume they can simply waive child support. Child support belongs to the child, and the court may require an appropriate support order even when parents agree on other issues.
Can child support be changed later?
Yes, but a parent usually must show a legally sufficient change in circumstances. The guideline difference must generally meet the statutory threshold before the guidelines can support modification.
Can child support be ordered retroactively?
Yes. Depending on the facts, Florida courts may award retroactive child support for a period before the case was filed, subject to statutory limits.
Suggested internal links: Orlando Child Custody Attorney, Orlando Paternity Lawyer, Child Support Modification Orlando, Florida Parenting Plan, Time Sharing and Child Support.