What Do You Do If You're Not Receiving the Correct Amount of Child Support?
Child support is essential for providing your child with the necessities they need to grow and thrive. If you're in Florida and find that you're not receiving enough child support, it's important to know that you have options.
At Archer Law in Clermont, Florida, we understand how challenging this situation can be, and we're here to guide you through the steps you can take to address the issue effectively.
Understanding Child Support in Florida
In Florida, child support is calculated based on guidelines that consider both parents' incomes, the child's needs, and the amount of time each parent spends with the child.
The goal is to maintain the child's standard of living despite the parents' separation. However, life circumstances can change, and the initial support amount may no longer be sufficient to meet your child's evolving needs.
Reasons You Might Not Be Receiving Enough
Several factors could contribute to inadequate child support. The non-custodial parent's income may have increased significantly, but the support amount hasn't been adjusted accordingly. Your child's needs might have grown due to educational expenses, medical bills, or extracurricular activities.
There could have been changes in custody or visitation arrangements that affected the support calculation. Identifying the reason is crucial for determining the appropriate course of action.
Reviewing Your Child Support Order
The first step is to review your existing child support order. Understanding how the support amount was calculated can help you identify any discrepancies or changes since the order was issued. Look for details about income assumptions, custody arrangements, and any provisions for future adjustments. If the order is several years old, it may not reflect current realities.
Documenting Changes in Circumstances
Gathering evidence of any changes that affect child support is essential. This documentation may include proof of the other parent's increased income, such as recent pay stubs, tax returns, or records of promotions and new employment.
Keep records of your child's additional expenses, like tuition fees, medical bills, and costs for extracurricular activities. If there have been changes in custody or visitation schedules, document these as well. Detailed records strengthen your case when requesting a modification.
Seeking a Modification of Child Support
In Florida, you can request a modification of your child support order if there's been a substantial change in circumstances. According to the Florida Department of Revenue, the change must be significant, typically resulting in at least a 15% or $50 difference in the support amount, whichever is greater. To proceed with a modification, you should:
File a petition for modification: Submit a formal request to the court explaining the reasons for the modification. This petition should detail the changes in circumstances and how they affect the support needs. It's important to be thorough and precise in your petition to convey your situation to the court.
Serve the other parent: Legally notify the other parent of your petition. Proper service is required to move forward with the case. Failure to properly serve the other parent can result in your case being dismissed. Consider using a professional process server to see that the serving is completed correctly and documented.
Provide supporting evidence: Present all documentation that supports your claim. This includes financial records, proof of income changes, and evidence of increased expenses. The more comprehensive your evidence, the stronger your case will be. Organize your documents logically to make it easier for the court to understand your position.
Attend a court hearing: A judge will review the evidence from both parties and decide whether to adjust the support amount. Be prepared to answer questions and provide clarifications during the hearing. Dress appropriately and arrive on time to make a good impression. Your demeanor in court can influence how your case is perceived.
Working with a family law attorney can help make sure that this process goes smoothly and that all legal procedures are correctly followed.
Enforcing Existing Child Support Orders
If the other parent isn’t complying with the current support order, enforcement actions may be necessary. Florida offers several enforcement mechanisms to help you collect the support your child is entitled to:
Income withholding: Child support payments can be automatically deducted from the paying parent's wages. This allows for regular payments directly from the employer. It's a reliable way to receive support without having to rely on the other parent's willingness to pay. Employers are legally obligated to comply with income withholding orders.
Contempt of court: Filing a motion for contempt can result in penalties for non-payment, including fines or even jail time. The court takes non-compliance seriously. This action demonstrates to the court the severity of the issue. However, it's important to consider the potential impact on the co-parenting relationship.
Intercepting tax refunds: Overdue support can be collected from the non-paying parent's federal or state tax refunds. This can help recover a significant amount of unpaid support. The state can submit a claim to intercept these funds before they reach the other parent. This method is especially effective if the parent owes a substantial amount.
Suspension of licenses: Driver's or professional licenses can be suspended until child support is paid. This serves as a strong incentive for the parent to fulfill their obligations. Losing a license can affect the parent's ability to work, prompting them to address their unpaid support. It's a serious measure that underscores the importance of meeting child support responsibilities.
A family law attorney can guide you through these options and help you choose the most effective course of action.
Addressing Underreported Income
Sometimes, the paying parent may underreport their income to reduce their child support obligations. If you suspect this is the case, it's important to gather evidence. Bank statements, employment records, and noticeable lifestyle changes can provide clues.
For example, if the parent claims a low income but purchases expensive items, this could indicate unreported earnings. A family law attorney can help you investigate and present this information to the court effectively.
Considering Mediation as an Option
Mediation can be an effective way to resolve child support issues without going to court. A neutral third party helps both parents discuss their concerns and reach an agreement. This approach can save time and reduce stress. Mediation allows for more flexible solutions tailored to your family's needs.
However, it's important to have a family law attorney advise you during this process to protect your rights and interests. We can help you prepare for mediation and double-check that any agreements are fair and enforceable.
Why Partner With a Family Law Attorney
Traversing the legal system can be challenging without professional guidance. An experienced family law attorney can make a significant difference in the outcome of your case. Some of the ways an attorney can assist you include:
Legal guidance: We provide information on Florida's child support laws and how they apply to your situation. Our knowledge helps you understand your rights and obligations. We stay updated on any changes in the law that could affect your case.
Handling paperwork and deadlines: We manage all the legal documentation and make sure that deadlines are met. This reduces the risk of delays or procedural issues. Missing a deadline can have serious consequences, so we keep your case on track.
Representation in court: We advocate for your interests during hearings and negotiations. Our experience in the courtroom helps present your case effectively. We prepare thoroughly for court appearances to give you a good chance of success.
Peace of mind: Knowing that a professional is managing your case allows you to focus on your family's well-being. We handle the legal details so you don't have to. This reduces stress and helps you maintain stability during a difficult time.
Additional Support Services
Beyond legal representation, we can connect you with resources and support services that may assist you during this time. Whether it's financial planning, counseling services, or assistance with government programs, we're here to support you and your family in any way we can. We understand that legal issues are just one part of the challenges you may be facing.
Taking Action Promptly
It's important not to delay if you're not receiving enough child support. The sooner you address the issue, the quicker you can secure the necessary resources for your child. We recommend scheduling a consultation with a family law attorney to discuss your options and develop a plan of action tailored to your circumstances. Early intervention can prevent the situation from worsening and protect your child's interests.
Experienced Counsel You Can Trust
If you're facing challenges with child support in Florida, help is available. With our experience and dedication, we're here to help you secure the support your child needs. Together, we can work towards a solution that supports your child's interests and provides stability for your family.
Call us at Archer Law in Clermont, Florida, where we serve clients from throughout Polk County, Lake County, Sumter County, and Seminole County.