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CHILD
SUPPORT & CHILD CUSTODY
CHILD SUPPORT
There are child support formulas in Florida
pursuant to Florida Statutes 61.30. Child support consists of 3
factors:
- Child support guidelines
- Health insurance for the child(ren)
- Daycare costs, camp, pre-school,
babysitters, etc.
The child support guidelines use both
parents' incomes (sometimes imputed) and subtract certain expenses.
Recently, a second child support formula
was added for cases in which the child(ren) are with the secondary
parent more than 40% of the time.
Child support has many aspects which need
to be discussed with your attorney. Child support is payable until
the child reaches the age of 18 or graduates from high school, but
not beyond the age of 19. Where the child is over the age of 18, he
or she must attend high school with a reasonable expectation of
graduating before turning 19.
Child support, as well as alimony, can be
modified if the payor or payee has a substantial change in financial
circumstances.
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CHILD CUSTODY
Florida law generally calls for SHARED
PARENTAL RESPONSIBILITY so that even in name only the "other" parent
retains "custody." However, the living situation with one primary
residential parent remains the norm. The secondary residential
parent has the equivalent of "visitation." Parenting time with this
parent is usually substantial as well.
Joint custody is also an option chosen by a
growing number of parents.
The Florida Statute Section 61-13(3) is used by the Judge to
determine "the best interest of the child," i.e., which is the
better parent to be the primary residential parent.
Some factors the Court considers are:
- The parent who is more likely to allow the child frequent and
continuing contact with the nonresidential parent.
- The love, affection and other emotional ties existing between
the parents and the child.
- The capacity and disposition of the parents to provide the
child with food, clothing, medical care or other remedial care
recognized and permitted under the laws of the state in lieu of
medical care, and other material needs.
- The length of time the child has lived in a stable,
satisfactory environment and the desirability of maintaining
continuity.
- The permanence, as a family unit, of the existing or proposed
custodial home.
- The moral fitness of the parents.
- The mental and physical health of the parents.
- The home, school and community record of the child.
- The reasonable preference of the child if the Court deems the
child to be of sufficient intelligence, understanding, and
experience to express a preference.
- The willingness and ability of each parent to facilitate and
encourage a close and continuing parent-child relationship between
the child and the other parent.
- Evidence that any party has knowingly provided false
information to the court regarding a domestic violence proceeding
pursuant to s.741.30 (Florida Statutes Section 741.30).
- Evidence of domestic violence or child abuse.
- Any other fact considered by the Court to be relevant.
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