Child Support

At Jorge Luis Colon, P.A. our attorneys are experienced with all issues regarding child support and can make sure that your rights are protected. All too often parents who want to avoid paying child support resort to tactics such as underreporting income, leaving their jobs, or working below their earning capacity. Conversely, some parents pay too much because no adjustment is made for substantial overnight visitation, payment of child care costs or health insurance. It is important to have legal representation in child support matters so that the correct amount of child support is calculated.

The child support statute requires the court to add certain expenses to the basic obligation required by the guidelines to compute a child support award. The court must add the costs of providing health insurance for the child to the basic obligation, if the order includes a provision for health insurance coverage. In addition, if either parent incurs child care costs due to his or her employment, job search, or education calculated to either: (a) result in employment; or (b) enhance income, then 75 percent of the costs must be added to the basic obligation.

Health Care Expenses
An order for child support must contain a provision for health care coverage for the minor child if the coverage is reasonably available. Coverage is considered reasonably available if either parent has access at a reasonable rate to a group health plan. In determining whether health care coverage is reasonably available for the child of a parent paying child support, counsel should determine whether the minor child qualifies for continuation of coverage under COBRA or the Florida Health Insurance Continuation Act.

Child Care Costs
Florida Statutes Section 61.30(7) provides that child care costs incurred due to employment, job search, or education calculated to result in employment or enhance the income of current employment of an obligee-parent may be added to the other parent’s child support obligation. A trial court has discretion to determine whether child care costs are due to employment under the statute. However, in applying its discretion, the court apparently should not consider whether a new spouse is available to provide child care. Under the applicable statute the test for whether to award child care costs is whether child care would be necessary if the obligee-spouse was not employed. Even if the new spouse is not employed outside the home, if for any reason he or she is unable to care for the children, the obligee-spouse may be awarded child care costs because if the oblige spouse were not employed, the costs would not be incurred.

Substantial Overnight Visitation
The guidelines statute requires a court to adjust an award of child support if the shared parental responsibility arrangement ordered by the court or agreed-to by the parties in mediation results in the child spending a substantial amount of time with each parent. According to the statute, the term “substantial amount of time” means any shared parental responsibility arrangement under which the non-custodial parent is awarded overnight visitation of at least 40 percent of the nights of the year.

If you have questions regarding child support please call and schedule a confidential consultation today.

The above is not legal advice. That can only come from a qualified attorney who is familiar with all the facts and circumstances of a particular, specific case and the relevant law. See Terms of Use.