About Unallocated Family Support in Florida

Our Jacksonville Family Lawyers Can Explain Your Options

Our Jacksonville family law attorneys at Owenby Law, P.A. represent clients in all matters related to divorce, family law, child custody, alimony, and child support. We have been successful in developing strategies that are beneficial to our clients and their children. One of the ways we accomplish this is by exploring the optimal payment structures for our clients who are entitled to receive both spousal support and child support. If you are seeking a divorce in Nassau, St. Johns, Duval, or Clay County, our firm can help you learn about the benefits of unallocating child support.

What is Unallocated Family Support?

In Florida, unallocated child support is typically ordered by the court when it's deemed appropriate for the circumstances of the case. There's no specific qualification criterion like income level or other eligibility requirements. Instead, the decision to order unallocated child support is made based on various factors, primarily focused on the best interests of the child.

Factors considered by the court may include:

• Income of Both Parents: The court will assess the income of both parents to determine the appropriate amount of support needed for the child.
• Child's Needs: The court will consider the child's needs, including but not limited to, housing, education, healthcare, extracurricular activities, and any special needs.
• Standard of Living: The court may consider the standard of living the child would have enjoyed if the parents were together and aim to maintain that standard as much as possible.
• Parenting Time: The amount of time each parent spends with the child may also be a factor. If one parent has primary custody, they may receive the unallocated child support to cover the child's expenses while in their care.
• Any Special Circumstances: The court may take into account any special circumstances of the case, such as medical expenses, educational needs, or other relevant factors.

Ultimately, the decision to order unallocated child support is at the discretion of the court, with the primary consideration being the best interests of the child. You must consult with our experienced team of attorneys at Owenby Law, P.A. to understand how these factors apply to your specific situation and to navigate the legal process effectively.

Understanding the Tax Benefits of Unallocated Family Support

In many cases, a Florida judge will order one of the parties in a divorce to pay both alimony and child support. The amount that is to be paid for each is typically outlined in the divorce settlement. For the party who is paying, the spousal support may be tax deductible, but the child support is typically not. However, unallocated support allows you to combine child support and alimony so that the entire payment is tax deductible.

This approach does not reduce the overall amount of support that the ex-spouse and the child receive. Unallocating and reallocating child and spousal support payments generally requires the approval of all parties involved, as well as the authorization of a judge. At Owenby Law, P.A., our Jacksonville divorce lawyers have been successful in getting divorce settlements modified to accommodate this sort of payment strategy.

Misusing Unallocated Family Support

Unallocated family support, like any financial arrangement, can potentially be misused in several ways:

• Lack of Accountability: Without specific allocations for different expenses, there's less transparency and accountability regarding how the funds are used. The receiving parent might not have to justify how the money is spent, which could lead to misuse or mismanagement.
• Non-Child Related Expenses: The funds might be used for purposes unrelated to the child's needs. For example, the receiving parent might spend the money on personal expenses instead of the child's necessities, which goes against the intended purpose of child support.
• Failure to Meet Child's Needs: If the receiving parent doesn't prioritize the child's needs when using the unallocated support, it can result in the child not receiving adequate care or lacking essential items like clothing, food, or educational materials.
• Impact on Child's Well-being: Misuse of unallocated family support can negatively impact the child's well-being, both financially and emotionally. If the child's needs aren't met consistently, it can lead to stress, instability, and resentment within the family unit.
• Legal Consequences: Misuse of child support funds, including unallocated support, can have legal consequences. The paying parent may seek enforcement actions or modifications of the support order if they believe the funds aren't being used appropriately.

To mitigate the risk of misuse, it's essential for both parents to maintain open communication and trust, especially when it comes to financial matters related to the child. Additionally, establishing clear guidelines or agreements regarding how the support should be used can help ensure that the child's needs are prioritized. If concerns about misuse arise, seeking legal advice or mediation may be necessary to address the issue effectively.

Contact the Team at Owenby Law, P.A. for Experienced Legal Guidance

Our dedicated law firm has years of experience serving the men and women of Northern Florida counties like Duval, Clay, Nassau, and St. Johns. We have an unparalleled record of service to our clients and an impeccable reputation in the field of family law. If you are required to pay both alimony and child support, or you are receiving payments and believe that it would be mutually beneficial to cut your ex-spouse's financial outlay, we are here to assist you in any way that we can.

Our Jacksonville divorce attorneys can explain your options when you arrange a free initial consultation.