Child Support

Child Support Guidelines §61.29, Fla. Stat. Part 4 of 18| Divorce Attorney Fort Myers/Cape Coral

• 61.29, Fla. Stat., provides for child support guidelines principles. These principles do not affect the actual computation of the child support itself, but provide the following:

1. Each parent has a fundamental obligation to support his or her minor or legally dependent child.
2. The guideline schedule is based on the parents’ combined net incomes estimated to have been allocated to the child as if parents and children were living in an intact household.
3. The guidelines encourage fair and efficient settlement of support issues between parents and minimize the need for litigation.

Below please find some general information regarding child support and how it is calculated.

5. Standard of Review

• standard for review governing a trial court’s imputation of income, for child support purposes, is whether the determination is supported by competent, substantial evidence. Burkley v. Burkley, 911 So.2d 262 (Fla. 5^th DCA 2005).

6. Child Support Guidelines Worksheet Required

• For each and every order involving child support, a Child Support Guidelines Worksheet shall be filed with the court. This requirement cannot be waived by the parties. Fla. Fam. L.R.P.12.285(k)

7. Support Must Be Determined Even on a Temporary Basis

• Even with temporary support, child support must be determined by guidelines before the court deviates. Elias v. Elias, 40 Fla. L. Weekly D1542 (Fla. 4^th DCA 2015).

8. IDO v. IWO

• child support payments shall be income deducted and paid through the State Disbursement Unit (SDU) unless there is joint consent and a finding of best interest.
• the Florida IDO includes language that permit it to be effective upon a delinquency in amount paid or time paid. Should a later delinquency occur, then any party can trigger payments through the circuit court depository or SDU upon filing an affidavit alleging a default, with notice to all parties. No further court appearance is required. §61.13(1)(d)(3), Fla. Stat.
• IWO requires immediate income deduction, and is employer specific. A new IWO is required with each new employer.

9. Termination Information

• Florida Statute § 61.13 requires all support orders to include the month, day, and year that child support reduces or terminates, and must adjust as each child ages out.

For more information, please contact us to schedule your consultation.

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