Because the courts in Florida believe each parent of a child needs to provide financial support for them, they are strict about child support. Whether you are divorcing or are unmarried parents, child support could be an issue. Learn how the state calculates child support and what that means for you.
When Does the Court Decide on Child Support Payments?
If you are going through a divorce or creating a parenting plan, you need to determine child support. Divorce law in Miami dictates that a child support agreement must be a part of the divorce. You and the other parent must establish an agreement before you finalize a divorce or a custody case.
However, if you can’t agree on a fair amount, the court decides. According to family law in Florida, a judge is responsible for calculating child support. They use a formula to decide how much money an individual must pay.
The Calculations
Based on child support law in Miami, the court determines child support by using a formula. That formula includes all of the following details:
1. Insurance
Sometimes, one parent does not receive insurance through their job. Furthermore, the cost of buying an insurance policy could be too high. Throughout the state, the cost of health insurance is high.
If one parent can’t pay, the supporting parent must pay for health insurance or pay out of their pocket for insurance. Therefore, insurance can impact the amount of child support you receive.
2. Expenses
Raising a child comes at a cost. Before the court assigns a child support amount, they consider the expenses that come with raising the child. They look at the standard of living of the child and the needs of the child before the split occurred.
Because the court keeps the best interest of the child in mind, they aim to award enough support to maintain the same lifestyle.
3. The Parent’s Finances
If a parent has a limited income, the court takes that into consideration. They will not require a parent to pay more than they can afford. If the paying parent has a sudden decrease of income, they can contact a child support lawyer in Miami and modify the agreement.
4.The Child’s Needs
Every child has unique needs. If you have a special needs child, they require more care and money. Therefore, the court could issue a higher child support payment.
The same is true of educational and other issues. In child support cases, a judge looks at the specific needs of the child in question.
5. Time Sharing Agreement
The amount of time each parent spends with the child affects the child support agreement. Typically, the custodial parent is the one who receives child support. For instance, one parent might only have 80 overnights each year. That parent would be responsible for paying child support. However, if they only had 40 overnights each year, their payment would be higher.
How Much Child Support Will You Receive?
Although the court uses a formula to decide child support, it’s impossible to say how much you will receive. There are too many factors that can affect the amount.
If you want an accurate estimate, you can speak to a child support lawyer in Miami. They can go into more detail about the formula. Additionally, they can represent you in court. With their help, you could get a better outcome.
