Is Child Support Required if Parents Have Joint Custody?
Under Florida law, all parents are required to financially support their parents, even if the parents divorce. It is natural to think that after a divorce, each parent would pay exactly half of the child’s expenses. Unfortunately, this does not always happen. In most cases, one parent usually spends more on the children, regardless of the amount of time they spend with the child. Below, our Orlando child support lawyer explains how child support is determined in the state.
Who Pays Child Support When Parents Share Custody?
In Florida, physical custody is known as time-sharing. When both parents spend an equal amount of time with a child, it is known as equal time-sharing. In most cases, equal time-sharing is considered to be in the best interests of the child. However, child support is not calculated based on the amount of time a parent spends with their child. Instead, child support in Florida is income-based and so, it is the net income of each parent that determines who pays child support. Generally speaking, the parent who earns a higher income is responsible for paying child support.
Factors Considered When Determining Child Support
In addition to the income of each parent, the courts will take a number of other factors into consideration when determining child support. These include:
- The residential time the child spends with each parent,
- Insurance required, such as life, health, and dental,
- Additional childcare costs,
- Income tax deductions, and
- Other relevant childcare expenses.
The court will consider these factors when determining who will pay child support and the amount they will need to pay.
Factors Considered When Determining Time-Sharing
When the courts make decisions regarding time-sharing, only the best interests of the child are considered. There are many factors family law judges must consider and a few of the most important are as follows:
- The health and safety of the child,
- The developmental and emotional needs of the child,
- The parents’ ability to communicate and co-parent, and
- The moral fitness of each parent.
Whether the court makes time-sharing decisions or parents reach an agreement together, a parenting plan must be created. The plan should include the time-sharing schedule, the daily responsibilities of each parent, the address that will be used for educational purposes, which parent will obtain health care and pay health care insurance premiums, and how the parents will communicate with each other.
Our Child Support Lawyer in Orlando Can Help with Your Case
If you have a child support dispute, you need sound legal advice. At Anderson & Ferrin, P.A., our Orlando child support lawyer can determine if you will be required to pay support, or help you modify or enforce a current order. We can guide you through the process, ensure your rights are upheld, and help you obtain the best outcome possible. Call us today at 407-412-7041 or contact us online to schedule a consultation with our experienced attorney and to learn more about how we can help with your case.
Source:
flsenate.gov/laws/statutes/2012/61.30
