South Florida Attorney Eric N. Klein

Child Support

The amount of child support due to the custodial parent by the non-custodial parent in Florida is generally determined by a formula that considers both parents' net incomes. There are rules involved with determining net income. By law, certain deductions are allowed. These include:

Any health insurance policy, such as medical or dental, as well as any policy for the child or children in question
Child care expenses
Child support payments for other children

While a simple math formula is used to determine how much is needed, a skillful attorney can help determine what the net income is. A lawyer may need to consult accounting experts if the other party to the divorce owns their own business or works on the side. A lawyer's assistance is also helpful in determining how much is needed to care for any special needs a child may have.

Child support is not tax deductable to the person paying it. It is also not considered net income to the person receiving the child support. Whoever pays for 51% or more of a child's well-being gets to claim the child as a dependent on tax returns. This is true unless the divorce settlement includes a provision assigning dependency claims to one person or the other.

Child support ends when a child turns 18, graduates from high school before age 19, is emancipated (a legal way of being declared an adult), gets married, or joins the military. These circumstances are not applicable if there are special needs involved.

Child Support Modification

Just like child custody and visitation rights, child support payments can be modified after the original settlement is arranged as well. Child support payments may be re-negotiated due to a change in child care, a change in the income of the mother or father, or a change in child needs due to a newly developed need such as a disability or injury. Also, if the non-custodial parent spends a significant amount of time with their child, chances are good that child support payments will be reduced. This is because the parent is spending enough time with the child to incur significant costs of support.

For more information about child support procedures, contact the Boca Raton child support attorney Eric Klein at 561-353-2600.