A custodial parent is a parent who has sole physical custody of the child or the parent who the child lives with the majority of the time. In most divorces, the custodial parent is entitled to receive child support from the noncustodial parent. This is established to help the custodial parent pay for expenses that are incurred while raising the child. This is a legal obligation, and noncustodial parents are required, under the law, to continue to make the child support payments that have been determined as part of the youngster assist order.
Remember, failure to pay child support is a serious offense and could pose serious legal challenges for you. The punishment for failure to pay court ordered child support includes fines and up to 6 months in prison (or both) for a first offense. For a second offense, or where youngster assist hasn’t been paid for more than 2 years, or the amount owing is more than $10,000, the punishment is a fine of up to $250,000 or 2 years in prison or both. Therefore, it is important for you to completely understand all the aspects of your child’s assistance obligations.
How Much Will Noncustodial Parents Have to Pay?
Florida law sets forth guidelines that help judges and attorneys to calculate what is a fair and equitable amount of child support. Child support amounts are determined by the monthly income received by each parent. A court may consider all of your income or your gross income before determining youngster assistance. If you are involved in – or expect – a dispute over child support during or subsequent to a divorce in south Florida, obtain legal help immediately by contacting an experienced Boca Raton divorce lawyer. Of course, income is derived in a variety of ways. Florida law lists the following as sources of income in youngster support calculations, but income is not necessarily limited to:
- salaries and wages
- self-employment income
- bonuses, commissions, allowances, overtime, tips, and similar payments
- workers’ compensation benefits and settlements
- disability and social security benefits
- unemployment or reemployment benefits
- pension, retirement, or annuity payments
- alimony received from this or another court action
- interest and dividends from any and all accounts
- rental income and other gains derived from real estate dealings
- income from royalties, trusts, or estates
- reimbursed expenses or in-kind payments that reduce living expenses
Child support payments may be determined using a calculator, but in some cases, exceptions may be made to the guidelines. In some cases, for instance, adherence to the guidelines may provide a child support payment that may not take care of the needs of the youngster. In such cases, the court may use its discretion and may consider several factors to deviate from the existing guidelines to award a child support payment that is above or below the norm.
If you divorce with children, you’ll need an attorney who can negotiate a fair and appropriate child support agreement. If you and your spouse cannot reach an agreement, you’ll need an attorney to protect you and your child as the matter goes before a judge. With something as vital as your child’s future, you can’t take any chances by acting as your own attorney or by retaining an attorney who is not a family law expert. Select a Boca Raton divorce lawyer who will fight on behalf of you and your youngster and make sure that justice prevails. If you are divorcing or about to divorce in South Florida, make the call now.
How Long Will the Noncustodial Parent Have to Pay?
In Florida, you will be required to pay youngster assist at least under the child reaches the age of 18. Child support payments must continue until this time. However, in some cases, the court may actually require that child assist payments continue even after the child reaches the age of 18. In some cases, you may actually find that your child support obligations are terminated before the youngster turns 18 years of age.
Death of the child automatically terminates child assist obligations. If the child marries, your obligation to provide child support ends. If the youngster is emancipated before the age of 18, your child support obligations no longer exist.
In other cases, you may find that you may have to continue making child assist payments beyond the original agreement. For instance, if the child suffers from a disability that requires extended medical treatment, you may have to continue paying youngster assist. If there is any change in the income of the noncustodial parent, you may have to continue making child support payments.
Remember, the court may consider the unique circumstances of the case, and will make a decision based on these. There may several other reasons based on which a court may require you to continue making child support payments.
If you have questions about youngster support, and specifically, how long you will have to make child support payments, speak to a Boca Raton family lawyer. If you need advice about how you can get a child support order modified to fit any change in your financial circumstances, speak with a Boca Raton family lawyer.
As the noncustodial parent, the law requires you to make your youngster assist payments on time. Remember, that nonpayment of child support is an offense, and could result in a number of penalties against you. You could have your support amount deducted from paychecks, or could have your driver’s license or fishing license suspended. You could even be held in contempt of court for failure to adhere to the court order determining youngster support payments.
Apart from making child support payments promptly every month, you are also required to cooperate with the Florida Child Support Enforcement Program and Boca Raton family lawyer. You must also notify the youngster assist enforcement program and the court when you change your job, or move away from your current address. If you are aware of medical insurance that could possibly cover your child, you must intimate the Child Support Enforcement Program about this.
Remember, your failure to pay child support payments could well result in an arrest warrant being issued against you. Speak to a Boca Raton family lawyer for answers to your questions about youngster support payments as a noncustodial parent.