During a divorce, a person often goes from financially contributing to a family’s welfare with the help of their spouse to being the sole wage earner. This can naturally cause immense stress and uncertainty for the future. A spouse often needs the matter of child support to be tackled as soon as possible. At The Law Office of A. Sam Jubran, P.A., a Jacksonville child support lawyer will have experienced several different scenarios and garnered varied outcomes in child support matters. Trust that this understanding can also help you in yours.
For all intents and purposes, child support is simply a payment from a higher earning parent to a lower earning parent. Its function is to pay for the day-to-day needs of your child. This can include items such as:
On the other hand, child support payments need not go specifically to the child. A spouse who may be a lower wage earning with custody of the children can use that money for the maintenance of the household itself.
The parent with the bulk of time with their child will usually receive child support. The amount of support is computed using the Child Support Guidelines Worksheet. This factors in the individual’s income, the percent of the time they have their children, insurance costs, daycare, and medical expenses. A statutory formula takes these factors and produces a monetary amount.
Other work that the court expects each spouse to produce is formal financial disclosure and a financial affidavit.
As a spouse’s percentage of time with their child increases, the less they will be required to pay in child support. Of course, there are exceptions.
You’ll need an experienced Jacksonville child support lawyer to guide you through this complicated process. Count on our office to be that expert.
The first thing to determine in terms of child support is which parent will spend the majority of their time with the children. Regardless of which parent makes more money, the parent who spends the majority of their time with the children is the parent who generally receives child support.
Once this has been determined, the amount of child support that the non-majority parent will need to pay on a monthly basis will be calculated.
First, the monthly income of each parent is calculated. It is calculated based on gross income. In an individual is unemployed, underemployed, or attempting to hide assets, the court can impute a monthly income. That basically means that they will make a determination of what a parent will pay not on what their income is, but based on what it should be.
Just like your taxes, you can claim certain deductions for child support. These deductions would be subtracted from your overall income. These can include:
There are a number of factors that will play into just how much one parent will be required to pay another. The court will consider the parent’s gross income minus their deductions. They will then factor in how many children there are. The court then establishes a percentage that each parent will have to pay of the net income.
Generally speaking, that’s how the process works. There are still more factors that can change the number. The process is complicated. It helps to have a skilled child support attorney guide you along the way.
The determination of support can often run smoothly and quickly if both parties produce financial discovery answers quickly. The use of the Guidelines Worksheet and it’s equation can produce an objective result. If both parties can cooperate, the process can resolve without a lot of contentious back-and-forth. This is our aim as your Jacksonville child support lawyer. The financial discovery process can be intricate and confusing. We have experience obtaining quick and positive experiences for our clients in determining child support.
Once the monetary amounts are decided, our office will prepare the case for finalization and obtain a final order from the court. Although unlikely, it may be impossible to come to an agreement with the opposing party. In such a circumstance, the child custody case must be tried and the court will need to come to a judicial decision on the case. The attorneys at The Law Office of A. Sam Jubran, P.A. have worked in the family courts for years and are familiar with the judges and other administrators there. We are confident within the judicial system and can walk you through this important event.
It’s very likely that your circumstances can change, financial or otherwise, requiring that the child support agreement be altered. The Law Office of A. Sam Jubran, P.A. is the trusted leader in the Jacksonville area to obtain concise, prompt, and advantageous results in modification of child support.
There are many different reasons that a child support order must be modified, including:
With the changes in a child or parent’s life, the matter of support becomes increasingly important to maintain consistency. Our office has your well-being and security in mind when modifying a child support order. You can trust that we’ll make this transition as smooth as possible.
The process of turning over all your records and filling out the numerous forms necessary to fulfill the court’s requirements is tedious, cumbersome, and confusing, much like any interaction with the government. A child support attorney will take much of the pressure off of you as you tend to other matters.
When it comes to your children, you want to ensure that you’re in full compliance with the court. The court will require full disclosure of your finances and failure to comply could be used against you in custody matters. They can also prevent your ex-spouse from finding havens and loopholes through which to hide money.
In addition, there are filing deadlines and court appointments to schedule.
An ex-spouse who is averse to paying child support payments may change jobs and addresses quickly to make themselves more difficult to find. The ex-spouse is counting on the fact that it takes time to garnish wages each time they move. A child support lawyer can act much more quickly than you can on your own.
Once my child turns 18, I can stop paying child support. Each time a child turns 18, you must file a request to terminate child support. Children with disabilities or children who are over 18 but still in high school still receive child support.
If your children split time 50/50 between you and your spouse, you don’t have to pay child support. While it’s true that the parent who has the children for the majority of the time generally receives the child support, splitting the time 50/50 does not absolve any parent of paying child support. It may, however, reduce a parents child support payments.
I don’t see my kids, so I don’t have to pay child support. In Florida, if you have kids, with few exceptions, you have to pay child support regardless of whether you see them.
Divorce is a stressful time and custody issues are difficult on both the children and their parents. A child support lawyer will help you navigate the process much more easily without having to bear the burden of filing all the forms and meeting all the deadlines yourself.
For help establishing your rights and finalizing your child support order, contact The Law Office of A. Sam Jubran, P.A. today at (904) 360-6100 or submit the confidential case evaluation form. Help is on the way!