Child Support Lawyer in Jacksonville, Florida
Trusted Child Support Legal Services in Duval County
Regardless of whether or not a child's mother and father have ever been married, both parents are responsible for the financial welfare of any minor children that they have in common. If you're involved in a divorce that involves children, it is important that you see an experienced child support lawyer near Jacksonville, FL. Our experienced Duval County child support lawyers here at Owenby Law, P.A. are here to help.
Understanding Child Support Responsibility in Florida
In cases where the child lives with one parent for a significantly greater portion of time than the other, or where one parent pays the majority of the expenses for that child, chances are that the other parent is legally required to provide child support.
In many instances, the two parents can reach an agreement between themselves that fairly distributes the financial burden of raising a child. However, there are often times when the child support that's being offered is inadequate, or fortunes change that require a modification to the existing agreement.
If you or your spouse is in the military, then the circumstances may be different than what is mentioned below. However, the attorneys at Owenby Law, P.A. have experience handling cases involving military divorce as well.
In cases like these, a Jacksonville child support attorney can help. Contact Owenby Law, P.A. for a FREE 30-minute consultation! Give us a call today!
Calculating Child Support Payments in Jacksonville, FL
Calculations of child support can be complicated. However, an experienced lawyer can determine what the law requires as long as they are provided with the financial records of both parties. If the other parent is uncooperative, those records can be subpoenaed through the courts.
In Florida, child support calculations are based on:
- Amount of time the child spends with each parent
- The total monthly incomes of both parents
- The total monthly expenses of both parents
- The standard needs of the child like food, clothing, etc.
- Daycare costs (extended day or childcare costs)
- The healthcare and educational costs of the child
- Any delinquent child support that one parent owes
Modifying Child Support Agreements in Duval County
Sometimes one or both parents' circumstances change and a child support modification is needed. The supportive parent may suffer a loss of income or a lapse in health. The parent who is receiving child support may have improved his or her circumstances and requires less. The child may now need a special service like tutoring or orthodontics. Even changes in shared parenting agreements can necessitate a recalculation of support.
Whether you are the supporting parent or the receiving one, Owenby Law, P.A. can help you file your modification through the courts.
What If the Paying Parent is Withholding Child Support?
If a parent in Florida is withholding child support payments, there are several steps you can take to address the situation:
- Communicate: Initially, try to communicate with the other parent to understand the reasons behind the missed payments. Sometimes, it could be due to financial difficulties or misunderstanding.
- Document: Keep records of all communications regarding child support payments, including missed payments, promises to pay, and any other relevant information. This documentation can be useful if legal action becomes necessary.
- Contact the Child Support Enforcement Office: In Florida, you can contact the Florida Department of Revenue's Child Support Enforcement Program. They can assist you in enforcing child support orders and collecting overdue payments. You can reach them through their website or by phone.
- File a Motion for Contempt: If informal methods fail, you may need to file a motion for contempt with the court that issued the child support order. This motion informs the court that the other parent is not complying with the court-ordered child support obligation.
- Hire an Attorney: If the situation becomes complex or legal action is necessary, consider hiring a family law attorney who has experience with child support cases. They can provide guidance and represent your interests in court.
- Mediation or Settlement: In some cases, mediation or negotiation between both parents with the help of attorneys can resolve the issue without going to court. This can be a quicker and less adversarial way to address the problem.
- Court Hearing: If the matter goes to court, both parties will have the opportunity to present evidence and arguments before a judge. The judge will then make a decision based on the evidence presented and Florida child support laws.
- Enforcement Actions: If the court finds the parent in contempt of the child support order, they may face consequences such as wage garnishment, driver's license suspension, or even jail time in extreme cases.
At Owenby Law, P.A., we understand the challenges and complexities involved in child support disputes. Our experienced attorneys are here to provide you with the guidance, support, and legal representation you need to navigate this difficult situation. We will work tirelessly to protect your rights and the best interests of your child, advocating for a fair resolution through negotiation, mediation, or, if necessary, aggressive litigation.
Extended Child Support in Florida: Post-18 Financial Aid
In the state of Florida, child support is intended to serve as financial support for a minor, dependent child. Typically, child support obligations cease and are no longer required when the minor reaches the age of 18 (unless contracted otherwise) because they are no longer a child. However, there are certain instances where a parent may continue to receive child support payments despite the child reaching the legal age of adulthood.
In Florida, a child over the age of 18 may still require financial support if:
- The child is mentally incapacitated, requiring additional support
- The child is physically incapacitated, requiring additional support
- The child is in high school, but will graduate before they are 19
When seeking to modify child support obligations in accordance with Florida Statute 743.07(2), the parent of the dependent, adult child is the proper party to request support for that child in spite of that child being a legal adult.
If you are interested in seeking a child support modification, the Jacksonville family lawyers at Owenby Law, P.A. are ready to help you reach an effective solution in the timeliest manner possible.
Is Child Support Automatically Terminated?
The answer is no: In Florida, child support is not automatically terminated once the child reaches the age of majority. Once you've established valid grounds for termination, you must file a petition with the court. This petition should outline the reasons for seeking termination and provide supporting evidence.
After filing the petition, you may need to attend a court hearing to present your case before a judge. During the hearing, you'll have the opportunity to provide evidence and testimony supporting your request to terminate child support. The other parent will also have the chance to present their arguments and evidence.
If the judge determines that the grounds for termination are valid and supported by the evidence presented, they may issue an order terminating the child support obligation. However, if the other parent opposes the termination or disputes the grounds, the court may require further proceedings before making a decision.
Need Legal Advice on Child Support? Call Our Jacksonville Lawyers Now: (904) 770-3141 or schedule your consultation online.
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