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What You Need to Know About Child Support in Florida

In Florida, child support is calculated by the number of overnights you have by court order in a given year. If you have more than 20 % percent of the overnights which is roughly 74 days per years, there is a reduction in child support based on the number of over nights that you have the child(ren). For example, if you have 182 overnights and the other party has 183 overnights, then you have roughly 50/50 custody and you have the child(ren) 50% of the time. This is taken into consideration in the child support guidelines worksheet.

In order to calculate child(ren) support in Florida, you need the following:

  • the gross income of the parties,
  • the net income of the parties,
  • the number of dependents that each party claims on their federal taxes,
  • the cost of the health insurance just for the child(ren) and who pays that health insurance,
  • and the cost of day care for the child(ren) and who pays it.

If you have an attorney, the Orlando child support attorney can run a child support guidelines worksheet program and obtain the amount of guidelines child support that you are required to pay or receive.

If there is a divorce case, the judge can go back 2 years from the date of separation for retroactive child support. Child support is usually not ordered in the retroactive period, if all parties live in the same house; and the bills were being paid for during that time period and the child(ren) were being provided for monetarily.

If there is a paternity case, the child(ren) support can go back to when the child was born. The calculations for child(ren) support would start from the child’s birth date. Therefore, if the child is older, you may owe child support arrears. You want to make sure you have proof of payment of any support you gave the Mother. It is a good idea to get a notarized receipt from the Mother of such payments. The Mother must acknowledge in a sworn statement that is notarized exactly what you have paid toward the child(ren). This is necessary in order for you to receive credit for those payments.

If you pay court ordered child support for another older child, then that can reduce the amount of child support you pay for the newest child. You must get a copy of the prior court ordered child support and provide it during the case. This is required in order to get credit for those payments and reduce the child support for the newest child

Also, if the Department of Revenue(DOR) has filed a case against you, you will be held responsible for paying back any government assistance the Mother received on behalf of the child.

If you are in need of finding out more information about Orlando child support, you may contact Ann Marie Gilden, Esquire of Ann Marie Giordano Gilden, P.A. at 407-732-7620 for an initial consultation.

This article is for information purposes only and does not form an attorney client privilege.

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