Experienced Child Support Lawyers
Serving Riverview, Brandon, Hillsborough County, Florida
In Florida, child support is a right belonging to the child, and parents cannot contract it away, nor can the parent’s acquiescence to non-payment of fit. If you are going through a divorce or have a child outside of marriage and have concerns regarding child support, we can provide experienced legal help to advise you on the law. Our attorneys and legal assistants gather information regarding your income and other statutory factors to determine your child support obligation, if any. We work with both the mother and the father to resolve child support issues.
The Florida child support guidelines largely dictate the amount of the support obligation, if any. Specifically, the information provided by you and your spouse in your financial affidavits and other sources will determine your net income. The net income of both parties is inserted into the child support guidelines worksheet, and the calculations of child support are part of a formula including the number of minor children and the overnights each parent spends with the children per year. Also, included in the guidelines is the cost of the health and dental insurance premium paid on behalf of the child, as well as childcare expenses. Your income and the amount of time sharing you have with your child influences whether you will pay child support to the other parent. Beginning January 1, 2011, the statutory child support obligation is reduced if a parent has 20% or more timesharing of the child. Prior to this revision, a substantial amount of time for child support determination purposes was 40% of the time. This applies to new cases filed after January 1st and cases which are subject to modification.
Are you facing a possible child support obligation or are you in need of child support? It is in your best interest to obtain experienced legal help to assist you in resolving your child support issues. Call or e-mail the law firm of Lynette Silon-Laguna, P.A., at 813.672.1900 for a free initial consultation.
Unequal Distribution of Assets in Divorce
An unequal distribution of assets may result in a divorce if one of the parents is at risk for not paying his or her share of temporary child support. For example, that parent is willingly either not employed or underemployed, has a proven track record of not paying temporary child support and/or is not truthful or not cooperative in providing his or her financial disclosure. Furthermore, if a parent has pending criminal charges and is likely to be convicted, then the judge may award an unequal distribution of assets to the other parent, as the incarcerated parent cannot pay child support.
Modification and Enforcement of Child Support
In addition to resolving your initial child support goals, we may be able to modify or enforce post-judgment child support issues. If a final judgment was not obtained in Hillsborough County, then it may be possible to file it and domesticate it in Hillsborough County. To modify a child support order, there must be a showing that there has been a substantial change in circumstances in either parent’s income since the original order was granted. A substantial change occurs when either parent’s income has decreased or increased, so that the difference between the existing monthly obligation and the new obligation amount, pursuant to the Florida Guidelines, has changed by at least 15%, or $50.00, whichever is the greater of the two. Furthermore, if the parent who is obligated to pay child support does not do so, or is behind in his or her child support payments, then a motion can be filed for contempt. After January 1, 2011, child support can be modified to comply with the new 20% substantial timesharing rule (see Update above.)
Contact Us
If you have questions regarding divorce, family law or bankruptcy, as well as foreclosure solutions, contact the law firm of Lynette Silon-Laguna, P.A. We provide a free initial consultation, accept MasterCard, Visa, Discover and American Express, and charge reasonable and competitive rates. Furthermore, to assist you we have a team of legal assistants and associate attorneys, including a Spanish-speaking associate attorney.
Our office is conveniently located in the Riverview/Brandon area on Highway 301 South directly off of Interstate 75, near the intersection of Bloomingdale Avenue. Contact our firm by e-mail or call 813.672.1900 . We will respond immediately!
We serve all of Hillsborough County, including Riverview, Brandon, Gibsonton, Apollo Beach, Valrico, Thonotosassa, Sun City Center, Mango, Plant City, Ruskin, and Wimauma, Florida.
