Ever wonder why you and your co-worker have different child support obligations even though you earn the same income? That is because child support in Florida considers many factors aside from just the parties’ incomes. Child support calculations take into consideration a number of things, such as union dues, the parent’s health insurance, the child’s health insurance, time-sharing/child custody, child support ordered and paid in another case, as well as daycare expenses.

Child Support Fluctuation Partially Based on Time Sharing & Child Custody

Recently, the law was changed so that child support is also dependent upon the number of overnights that each party has with the child. If the obligor or paying parent has at least 20% of the yearly overnights with the minor child, then that parent receives a reduction in his or her child support obligation. That reduction increases with each additional overnight as well. So a parent with 30% of the overnights will be paying substantially less than a parent with 20% of the overnights, if all other factors were equal. The law used to require that a parent would have to have at least 40% of the overnights in order to receive a reduction in their child support obligation, but a few years back that law so as to only require 20%.

The thinking behind this policy is simple: the parent paying child support should not have to pay as much child support if the child is with them a substantial amount of the time because they are already providing support for the child when the child is with them.

It Might Be Possible to Reduce and Recalculate Your Child Support

This is good news for parents currently paying child support. In Jacksonville and the surrounding areas, most parents paying child support receive at least 90 overnights a year, which is roughly 25% of the overnights. If this is the case for you, then you might just be entitled to a reduction in your child support based upon a recalculation of the child support guidelines. Feel free to contact us and we will be happy to assist you with determining what your child support obligation should be.

Contact Jacksonville Family Law Attorneys Makofka and Makofka today about any family law matter in the Northeast Florida Courts. Contact us today, we offer free consultations at our downtown Jacksonville office.

The post How Much Is Average Child Support in Florida? appeared first on Experienced Jacksonville Lawyers.

One of the major concerns that people have when contemplating whether or not to file a divorce, is “what is going to happen to my finances after I file, but before the court enters my divorce?” This is a very real concern. Many people going through a divorce are financially dependent upon their spouse for their own support, or the support of their child(ren).

People often fear that once they have filed for divorce, their spouse will become angry or withdrawn and refuse to provide the type of support that they have provided in the past. This fear can keep people locked into a toxic relationship that is not good for either party or their children. So what is the solution?

Financial Help Before Your Divorce is Final

Well, did you know that in Florida it is possible to get alimony and child support before your divorce is finalized? It is. In fact, in the vast majority of cases that we handle for our clients going through a divorce, one of the first steps is to get our clients set up with “temporary” support. It is deemed temporary because it will not last beyond the entry of the final judgment dissolving the marriage. It is just as effective, however, as any sort of permanent alimony or child support entered by the court.

Temporary Alimony Can Be Enforced

Temporary alimony and child support is calculated the same way as alimony and child support entered at the end of a case. It is also enforceable in the same way. That means that if your spouse does not pay the temporary alimony or child support as ordered, he or she can be found to be in contempt of court, and possibly even be put in jail. That is usually not necessary though, since we typically request that the alimony or child support come straight out of the obligor’s paycheck, and placed directly into our client’s bank account. The only occasions where that does not happen is where our clients do not want it to happen. Otherwise, the law requires the court to enter an “income withholding order” that takes the support directly out of the obligor’s pay before he or she has an opportunity to receive it.

If you were considering filing for divorce but were hesitant due to the financial uncertainty the divorce process can bring, then hopefully this information helps put your mind at ease. If you would like to get more information and discuss these matters with one of our family law attorneys, feel free to contact us online or call us at (904) 355-2700.

The post Temporary Alimony in Florida appeared first on Experienced Jacksonville Lawyers.

Did you know that one of the major components to many Florida child support orders is the inclusion of day care expenses?

Florida Statutes section 61.30(7) provides that child care costs incurred due to employment, job search, or education calculated to result in employment or to enhance the income of current employment of either parent shall be added to the basic obligation. This means that if you are employed, searching for a job, or pursuing education so as to increase your income, and have to place your child in day care as a result, then you are entitled to have your child support increased by the amount of the day care cost. Given the ever-rising costs of child care, this is a very important consideration. Oftentimes, child support can even double in amount as a result of including the cost of child care.

Your Child Support Payment Might Need Re-Calculating

If this is a situation that has arisen since your child support order was established, feel free to contact one of our attorneys and we will be happy to re-calculate your child support right in our office. Since we use the same software that the judge’s use, we can attempt to provide an accurate estimate of what you might be entitled to.

Conversely, if you are paying child support and your child support was established when your child was in day care, it is quite possible that you are entitled to a reduction if your child is no longer in day care. If your child is no longer in day care, then your child support obligation might drop by as much as one-half, maybe even more. If you would like to get an accurate estimate as to what your child support should be, then call one of our attorneys and we will be happy to assist you.

Retroactive Change in Child Support Must Be Filed to Increase or Decrease

Important to note, regardless of whether or not you are trying to reduce or increase your existing child support, waiting to file does not benefit you. Any increases or decreases can ONLY be applied retroactively to the date that the supplemental petition to modify your child support is actually filed with the clerk of court, and not when the change in day care occurred. So every month that goes by after your situation has changed, is another month that you are either paying too much or receiving too little, depending upon your situation.

Call us now at (904) 355-2700, and one of the Jacksonville Family Law Attorneys at Makofka and Makofka will be happy to assist you.

The post Day Care and Child Support Adjustment Guidelines in Florida appeared first on Experienced Jacksonville Lawyers.

In Florida, there are few occasions where failure to meet a court-ordered obligation is actually punishable by contempt. Failure to pay court-ordered child support is one of those obligations however that is punishable by contempt. That means that if a parent is ordered to pay child support by a court of law, and they fail to meet their obligation, the judge may hold them in contempt of court. If a parent is obligated to pay a certain amount of child support per month, it is presumed by law that the parent has the financial ability to pay that amount of child support that had been previously ordered. If that presumption is not rebutted, the judge may likely hold that parent in contempt. If a parent with a child support obligation, or “obligor,” is found to be in contempt of court, the judge may order that parent to pay a certain amount of money towards their child support within a certain time frame or they might put that parent in jail.

Child Support Obligations in Florida

Frequently, how this works is the judge will order the obligor to pay a certain support amount by a certain time. This amount is called a “purge.” For example, if the obligee is $10,000.00 behind in their child support obligation, the judge may order them to pay $2,000.00 within 7 days in an effort to get them caught up in their child support. If the $2,000.00 is not paid within the 7 days, the judge just might send that parent to jail until the amount is paid. In this example, the $2,000.00 would be the purge amount. Someone is said to have “purged themselves of the contempt” by paying the full amount required. In an effort to get the obligor current in their support, the court will often require that additional monthly payments be made on top of the regular child support amount as well.

As attorneys representing individuals who are owed child support, we always request that the parent in contempt of court reimburse our clients for their attorneys’ fees and costs. It is not their fault that the other party is behind in their child support. These attorneys fees are meant to cover the expense of having to go through the contempt process in the first place.

If you have any questions about child support or feel that you need help in this area or any other area of family law, divorce, or paternity, don’t hesitate to contact us today. Makofka & Makofka, Attorneys at Law. Serving northeast Florida. Duval, St. Johns, Clay, Nassau, and Baker Counties. (904)355-2700.

The post What if I Fail to Pay Child Support appeared first on Experienced Jacksonville Lawyers.

Child custody modifications

In all family law cases where children are involved, the standard that the judge applies in decision-making is in the best interest of the child. As such, child custody orders can be modified through the court system when a modification is in the best interest of the child.

In Florida, child custody can be modified for the following reasons:

• If the child is in immediate danger by staying in one of the households
• Relocation of one parent
• The death of one parent
• If one parent fails to uphold the visitation schedule

Child support modifications

In Florida, as elsewhere, all minor children under the age of 18 are entitled to receive financial support from both parents. The payment of child support is mandatory and failure to provide support can have serious legal consequences.

Florida statutes dictate the amount of support that is payable, based on the amount of income of the payee parent and the number of children who will receive support. These statutory amounts can be adjusted somewhat—courts can increase or decrease the statutory amount by 5%—based on the consideration of additional factors, including but not limited to the age of the children, special needs or circumstances of the children, and the payee parent’s ability to pay the standard amount.

Because life circumstances and needs of children can change, child support orders can be modified. The original child support order must be formally modified through the courts to be enforceable. Child support modifications can be either temporary or permanent.

For a child support modification to be granted, you must show that there has been a significant change in circumstances that warrants an adjustment of the monthly amount. While there are many reasons to seek a child support modification, common examples include:

• Remarriage
• Relocation
• Change in employment status
• Disability
• Medical expenses

Custody and support modifications for Florida families

If you are interested in finding out more about how Makofka & Makofka can help you modify an existing custody or support order, contact us today at 904-355-2700 for your free initial consultation. From our Jacksonville office, we proudly provide a variety of family law services to the residents of Duval, St. Johns, Clay, and Nassau counties.

The post Reasons to Request Child Custody or Child Support Modifications in Florida appeared first on Experienced Jacksonville Lawyers.

The amount of child support owed, however, is one common issue separating or divorcing parents have that has been established through the legislature, eliminating the need for litigation. The statutory guidelines ensure that each child is provided for sufficiently, while enacting severe penalties for those who fail to meet their financial responsibilities.

Florida child support guidelines

Florida’s child support guidelines were enacted as a baseline to determine the standard amount of child support owed by the noncustodial parent. Simply put, having statutory child support guidelines protects the interest of the children and prevents congestion of the courts by keeping each set of parents from having to litigate child support amounts. Florida uses the standard “Income Shares Model,” which attempts to calculate how much money would have been spent on raising a child if both parents would have stayed together. Using this standard—based on net income of both parents and the number of children being supported—is both effective and efficient.

Deviations from standard child support amounts

In some circumstances, however, the standard child support amount is inappropriate or unduly burdensome. For instance, if the child requires costly medical care or one parent becomes disabled, the court may decide to deviate from the standard guidelines.

Generally, the court can choose to deviate from the standard guideline amount by increasing or decreasing the payment owed by five percent. To determine whether an alternate amount of child support is appropriate, the court will consider all relevant factors including, but not limited to:

• The needs of the child or children
• Age
• Station in life
• Standard of living
• The financial status and ability of each parent

Since receiving support is the right of the child and not of the parents, the statutory child support guideline amounts can’t be waived or modified without the court. To establish a different initial amount of support or to modify an existing order, one party must file a motion with the court.
In some cases, the court may choose to deviate from the standard support guidelines by more than five percent if one party submits in writing reasons that the deviation is necessary.

While Florida courts do not allow parents to reach an agreement regarding child support payments outside the court system, other common issues such as custody and visitation—formally known in Florida as parental responsibility and parental time-sharing—can be. With the help of an experienced Florida family law attorney, you can save time and money by reaching an agreement about custody and visitation outside the court system.

Custody, child support, and visitation representation for Jacksonville families

At Makofka & Makofka, we understand how difficult a separation or divorce can be. That’s why we work tirelessly to help Jacksonville residents find parental time-sharing and parental responsibility solutions that work for their unique circumstances. For more information on our services or to schedule your free initial consultation, contact our office today at (904) 355-2700.

The post How Child Support Is Calculated in Florida appeared first on Experienced Jacksonville Lawyers.