Naples Child Support Lawyer

Naples Child Support Attorney

Helping Clients With Child Support Matters in Florida

When parents get divorced or separate, financial factors are among the most stressful aspects of the process. A Naples child support lawyer can help clarify your rights and obligations under Florida law while safeguarding the long-term financial stability of your child.

Child support is far from arbitrary. It is managed by extensive statutory guidelines, and how those guidelines apply to your situation can shape your monthly requirements significantly.

Our Naples child support attorneys at Shemkus Family Law, P.A. have assisted countless parents in establishing parental time sharing and child support. In Florida, a parenting plan encompasses all children’s issues, including child support.

While the details of the parenting plan help determine the child support amount, it is largely determined by a statutorily driven formula. Whether you’re establishing support for the first time or modifying an existing agreement, experienced counsel can be meaningful.

How Is Child Support Calculated in Florida?

One of the most common misunderstandings surrounding child support is that it is solely decided by a judge. In reality, Florida is one of 41 states that abides by a structured formula known as the income-shares model, recognized under Florida Statutes 61.30.

This model is designed to estimate the amount each parent would have spent on their child if they were living together. Then, that amount is proportionally divided between the parents based on income.

Some elements of Florida’s child support formula include:

• The income of both parents
• Parental time sharing
• The number of children involved
• Healthcare and insurance costs
• Childcare expenses
• School and educational costs
• Additional extraordinary expenses

In practical terms, the calculation works as such:

• Determine the gross income of each parent. The court first establishes each parent’s monthly gross income, covering aspects such as salary or wages, commissions or bonuses, income from self-employment, rental income, income from investments, disability benefits, or retirement income.
• Subtract allowable deductions. Certain deductions are allowed to reduce each parent’s net income. This usually includes federal income tax, Medicare and Social Security, required retirement contributions, health insurance premiums, or court-mandated support for other children.
• Combine net incomes. The two net incomes are added together to determine the complete available monthly income for the child. Florida’s statutory guideline chart provides a presumptive support amount based on combined income and the number of children involved.
• Establish the percentage share from each parent. The percentage of the combined income from each parent is calculated. For instance, if one parent earns 65% of the total combined income, that parent is responsible for 65% of the guideline support amount. The other parent is then responsible for the remaining 35%.
• Add health insurance, child care, and other expenses. The guideline amount is adjusted to account for premiums from health insurance for the child, unpaid medical costs, costs for daycare or after-school care, and other expenses based on the child’s unique needs.
• Adjust for exponential time-sharing. If a parent bears a certain number of overnights per year, the calculation adjusts to what Florida refers to as a substantial time-sharing formula. This does not immediately get rid of child support. The formula simply shifts to account for shared costs.

In some situations, both parents equally share parenting time. One parent, however, might earn much more than the other. Even with an equal number of overnights, the higher-earning parent may still have to pay support. This is because the idea behind Florida’s guidelines is to provide the child with a consistent standard of living in each household.

Taking Next Steps: Hire a Child Support Lawyer

If you are establishing, changing, or challenging a child support agreement, it is usually wise to hire a child support lawyer before filling out paperwork or going to a hearing. Once an order for support is entered, modifying it generally requires proof of an extensive change in the situation. Florida’s Department of Revenue reports it distributes over $1.6 billion in child support payments to families every year, highlighting the importance of experienced counsel.

A knowledgeable Naples child support attorney can help:

• Accurately calculate income
• Correctly apply deductions
• Properly reflect time-sharing
• Advocate for deviations from guidelines when appropriate
• Promptly handle issues with support enforcement

Child Support in Naples: Making Modifications

If a parent’s situation changes significantly, support orders are not permanent. Under Florida law, modification may be necessary if there are material changes to a parent’s income, a parent becomes unemployed, the needs of the child change, or arrangements for time-sharing are modified.

In Collier County, the court examines updated financial information and evidence before altering the ongoing child support order. Cases can be held at the Collier County Courthouse, located at 3315 Tamiami Trail E, Naples, Florida, 34112.

Enforcement of Child Support Payments in Florida

Florida enforces child support diligently so that parents fulfill their obligations to their children. The Florida Child Support Program provides services to nearly 900,000 children every year. An owing parent may seek aid from Florida’s Department of Revenue or a private child support law firm. An owing parent may receive many forms of sanctions when their payments are enforced.

The inability to pay court-ordered support can lead to severe consequences, such as:

• Withholding income
• Suspension of their driver’s license
• Proceedings for contempt
• Liens or other remedies of collection

FAQs

Q: How Much Does a Child Support Lawyer Cost in Florida?

A: In Florida, the cost of a child support lawyer can vary depending on many factors. The case’s complexity, whether litigation is necessary, and financial matters can all impact the cost of a child support lawyer. When first meeting with potential counsel, a Naples child support lawyer can clarify the scope of your situation and what to expect as you go through the process.

Q: What Should I Avoid During a Child Support Case?

A: You should avoid being dishonest during a child support case. The courts want financial transparency and honesty. An inability to disclose income, disregarding orders from the court, or refusing to abide by the time-sharing arrangement can significantly harm your position. Judges also expect parents to act with the best interest of their child in mind, and not out of retaliation or frustration.

Q: What Is the New Statute in Florida for Child Support?

A: Florida occasionally updates its statutes for child support, such as adjustments to the time-sharing formula and presumptive guideline amounts under Florida Statutes 61.30. The most recent changes in legislation have focused on standards for recalculation and shared parenting. A diligent Naples child support attorney can explain how applicable the current laws are to the specific circumstances of your situation.

Q: What Not to Say at a Child Support Hearing?

A: During child support hearings, it is important to avoid emotional statements centered around the other parent instead of the needs of your child. Courts are concerned with legitimate financial information and statutory estimations. Speaking imprecisely about income or not providing proper documentation can negatively impact your credibility in the eyes of the judge.

Contact Our Naples Child Support Attorneys Today

While the statute will determine the child support amount, our knowledgeable Naples child support attorneys will consider any other relevant factors that have an impact. Keeping your child’s best interests in mind at all times, our Naples child custody attorney will help ensure that the child support determination is also fair under the law.

Depending on the lifestyle your child or children currently enjoy, the court may approve a deviation from the standard child support guidelines in an amount of up to 5 percent. If warranted, and with substantial supporting evidence, a further deviation may be approved.

Why Choose Us?

At Shemkus Family Law, P.A., our Naples child support attorneys also have significant experience assisting parents with child support, child custody, and parenting plan modifications, which are always modifiable based on a substantial change in circumstances. No matter your needs, we are confident in our ability to deliver skilled counsel. Contact us today to get started.