Florida Child Support Attorney John F. Greene
Every Client Has Unique Needs
Often, the following issues arise in Florida family law cases:
- Shared Parental Responsibility: In Florida, shared parental responsibility is presumed to be in the best interests or the child. This means both parents. This means both parents will continue to make the major decisions affecting the health and welfare of the child, such as, religion, medical need and education. If a parent desires sole parental responsibility, they bear the burden of showing that shared parental responsibility will be detrimental to the child. If you have children, the first thing I will do is help you determine custody. No one knows how to care for your child better than you, and I will work with you to reach a custody arrangement that works best for your family.
- Child support: Both parents have a duty to support a child until the age of 18 or until age 19 if the child is still attending high school with reasonable expectation of graduating. Child support cannot be waived by a parent because it is the right of the child. Child support is determined from the financial affidavits and supporting documentation of the parents with reference to the Florida child support guidelines.
The basic child support obligation is calculated by combining the net monthly income of the parents. Income may be imputed to an unemployed or underemployed parent when such employment or unemployment is found to be voluntary on that parent’s part. The schedule to determine the minimum child support based on the number of children of the marriage is set forth in FS 61.30. Child care costs, health insurance costs and the expense of special needs of the children are added to the basic child support obligation.Each parent’s share of the child support is determined by dividing each parent’s net income by the combined net income. Each parent’s actual dollar share is determined by multiplying the child support need by each parent’s percentage share. An adjustment is made for the number of overnight stays during the year for each parent. A life insurance policy may be required to the extent necessary to protect an award of child support. Support payments may be made directly to the recipient parent, by income deduction order, or through the Clerk of Court. - Timesharing: lt is the public policy of Florida that every child have frequent and continuing contact with both parents after a divorce and to encourage parents to share the rights and responsibilities, and joys, of childrearing. Unless otherwise agreed to by the parties, there is a rebuttable presumption that equal timesharing is in the best interests of a minor child. To rebut this presumption, a party must prove by a preponderance of the evidence that equal timesharing is not in the best interests of the minor child. When creating or modifying a timesharing schedule, a court must evaluate all of the 20 factors enumerated in FS 61.13.
American Institute of Family Law Attorneys 10,
Best Firms – Florida 2017 to 2018