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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:

  1. Child support guidelines
  2. Health insurance for the child(ren)
  3. 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:

  1. The parent who is more likely to allow the child frequent and continuing contact with the nonresidential parent.
  2. The love, affection and other emotional ties existing between the parents and the child.
  3. 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.
  4. The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity.
  5. The permanence, as a family unit, of the existing or proposed custodial home.
  6. The moral fitness of the parents.
  7. The mental and physical health of the parents.
  8. The home, school and community record of the child.
  9. The reasonable preference of the child if the Court deems the child to be of sufficient intelligence, understanding, and experience to express a preference.
  10. 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.
  11. 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).
  12. Evidence of domestic violence or child abuse.
  13. Any other fact considered by the Court to be relevant.

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