Weston FL Child Support Lawyers
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Weston FL Child Support Lawyers
Navigating child support is often one of the most contentious aspects of family law due to the long-term financial commitments involved. Typically, child support obligations continue until the child turns 18, although certain conditions like disabilities might extend these responsibilities.
Our Weston FL child support lawyers can assist at Gonzalez & Waddington, LLC, Attorneys at Law. We strive to secure the support your children need while ensuring fairness and preventing exploitation by the other party. We also guide you through the legal complexities, represent your interests in court, and help you understand your rights and responsibilities. If you’re facing a child support issue, consult with our Weston FL child support lawyers today.
Child Support Attorneys in Weston, FL
Child support disputes can arise in various contexts, not just during divorce proceedings. These situations can be emotionally challenging, especially for unmarried parents. It’s not uncommon for them to face these challenges, where one parent might seek support from the other. Such cases often require establishing legal paternity as a first step, which might include legal proceedings to mandate a DNA test if paternity is not voluntarily acknowledged. Our team is equipped to handle both paternity and child support cases, ensuring you receive the necessary support promptly.
How is Child Support Calculated in Florida?
Once custody is settled during divorce, child and spousal support in Florida is determined through judicial or administrative processes. The guidelines for calculating child support take into account
How is Child Support Calculated in Florida?
Once custody is settled during divorce, child and spousal support in Florida is determined through judicial or administrative processes. The guidelines for calculating child support take into account:
- The income of both parents
- Education and healthcare expenses
- The children’s standard living needs
While these guidelines provide a framework, Florida judges can adjust the support amount by up to five percent based on discretion. Factors that may influence this decision include significant changes in either parent’s financial circumstances, the child’s special needs, or age. If the adjustment exceeds five percent, the judge must document the rationale and specific factors influencing the decision in a written statement.
Can Child Support Be Adjusted in Florida?
In Florida, the terms of a child support order aren’t set in stone and can be altered under several circumstances, including
- Prolonging the duration of support.
- Adding or removing a child from the support order.
- Modifying the healthcare benefits included.
Following a specific procedure is essential to modify child support in Florida. Understanding and meeting these criteria is crucial
Your existing support order has been in effect for over six months since you filed for modification.
You must demonstrate that the order has remained unchanged in the past three years or that your circumstances have significantly changed. Our Weston County FL child support lawyers can help
This could include a substantial increase or decrease in income, a change in the child’s needs, or a change in the parent’s financial obligations. Furthermore, it’s crucial to prove that the change in your circumstances is enduring. For instance, a temporary disruption like a brief period of unemployment generally does not qualify for modifying a child support order. On the other hand, a permanent disability or a long-term job loss could be considered an enduring change.
Weston FL Child Support Lawyers
Defending Against a Child Support Modification
Modifications to child support can have profound impacts. If you’re receiving child support, a reduction could undermine your ability to care for your child. Conversely, if you’re the one paying, an increase might strain your financial capacity to meet personal needs. Therefore, disputes often arise when one parent seeks to modify a child support order.
You might argue that changing the opposing parent’s financial circumstances was voluntary to counter a motion to reduce child support. Establishing that such voluntary changes can be intricate, having skilled Broward County FL child support lawyers is vital. They can help you navigate the legal process, gather evidence, and present your case effectively, whether you are proposing a modification or contesting one.
At Gonzalez & Waddington, LLC, Attorneys at Law, we understand the sensitivity and complexity of child support adjustments. Our team is committed to providing robust representation, including but not limited to filing petitions, gathering evidence, negotiating with the other party, and representing you in court. We aim to ensure that any modifications are just and equitable, safeguarding your interests and those of your children.
What Happens If You Don’t Pay Child Support in Florida?
In Florida, the consequences of failing to pay child support are severe and designed to compel compliance. For those who do not fulfill their child support duties, the state enforces strict penalties, such as
- Suspension of your Florida driver’s license
- Seizure of your IRS tax refund
- Seizure of lottery winnings over $600
- Imposition of liens on your properties
- Adverse reporting to credit bureaus
- Freezing of your bank accounts
- Withdrawal of owed amounts directly from your bank accounts
Furthermore, the state’s enforcement doesn’t stop at civil penalties. Prosecutors may pursue criminal charges for persistent non-payment. A first-time offense can be prosecuted as a 1st-degree misdemeanor, a serious offense but less severe than a felony, with penalties including a fine up to $1,000 and a maximum of one year in jail. For those with three or more prior non-support convictions, the charges can escalate to a 3rd-degree felony, a more serious offense, potentially resulting in a $5,000 fine and up to five years in prison. Significant arrears—over $5,000 or non-payment lasting more than a year—even if it’s a first offense, might also attract felony charges.
Given the gravity of these sanctions, it’s crucial to consult a skilled child support attorney if you’re struggling with child support payments. An attorney can guide you through modifying your payment plan, which typically involves filing a petition with the court, providing evidence of your changed financial circumstances, and attending a hearing.
Seek Guidance from Weston FL Child Support Lawyers
At Gonzalez & Waddington, LLC, our Broward County FL child support lawyers understand the importance of your children’s welfare in any family law proceeding. We are committed to ensuring that your child support arrangements reflect their best interests and your financial reality. Contact our Broward County FL child support lawyers for a complimentary initial consultation.