Practical And Experienced Counsel For Support Obligations
When a couple that has previously formed an economic unit gets divorced, one spouse or parent may also have a right to financial support. Both parties will be required to disclose all financial accounts and pay records as part of this process. Whether a child’s parents have gotten divorced or were never married in the first place, that child deserves financial support from both parents to the best of their ability.
Located in Shalimar, the Campbell & Madden, PLLC, helps clients pursue fair child and spousal support outcomes. Contact us to talk to an experienced family lawyer.
Ensuring Children Get The Support They Deserve
The state of Florida’s administrative child support enforcement procedure can be time-consuming. When you need immediate action on child support enforcement, we can help. The Florida child support formula takes into account the income of each parent and the amount of time the child spends with each. Once the basic child support amount is determined, it can be supplemented by specific obligations for medical coverage, life insurance, day care and other expenses. Each party will be required to complete a financial affidavit that must be filed with the court as part of this process
As a “rule of thumb” way of estimating one’s initial child support obligation use the following percentages of one’s net from all sources: one child 21 percent, two children 33 percent, three children 44 percent, four children 48 percent. The only allowable deductions from gross income to determine net income are federal withholding taxes, Social Security, Medicare and health insurance for that parent. Note: day care, health insurance, etc., are over and above the basic child support calculations. Also, if a payer spouse or parent exercises at least 20 percent of the 365 annual time-sharing opportunities and 73 overnights, that person could receive a reduction in child support. The more overnights actually exercised over and above the 20 percent figure, the greater the reduction. As the percentage of overnights increase the “Rule of Thumb” becomes less reliable.
One major issue in some child support cases is accurately measuring the income of someone who owns a business, holds multiple jobs or earns irregular income. We can help you pursue a fair income determination for yourself or your spouse.
Modifying Support Orders
Our attorneys can also help you seek a modification of a child support obligation when the circumstances underlying the determination, such as your income or the needs of the child, have permanently changed. The change of circumstances must be substantial, material, involuntary and unanticipated at the entry of the last support order and the change of circumstances must have occurred since the entry of the last order.
Understanding Alimony Eligibility
Spousal support, also known as alimony or spousal maintenance, is designed to maintain the lifestyle of one spouse who, during the marriage, came to depend economically on the other spouse. Alimony can be granted permanently or temporarily and depends on factors like the length of the marriage, the standard of living during the marriage and the disparity in income between the spouses. The court may also grant temporary support to one spouse during the divorce process and may grant spousal maintenance when a couple separates but does not divorce.
Courts can award a party, on a reimbursement basis, his or her reasonably incurred attorney fees that would be paid by the other party. This is the last issue to be determined after child support, alimony, asset and debt distribution are all addressed. If one party is still in a significantly better position than the other, then the impecunious spouse may be entitled to an award of fees and costs, or at least a portion of them, from the other spouse.
Pursuing A Fair Support Order
Whether you are seeking support or need help defending a support order, we can help. Contact us online or call 888-646-1535 to learn more about your rights under the Florida support laws and how we can help you pursue a desirable outcome. We serve clients in Okaloosa County and throughout the Panhandle.