Child Support Lawyer Tampa, FL
When you are divorcing your spouse, or have already done so, and have to arrange for child custody or support, it is advisable to retain a child support lawyer Tampa, FL parents trust for legal advocacy. By doing so, you can ensure the rights of you and your child are protected.
An Overview of Child Support and Child Custody
When you are going through divorce proceedings and you have children, one of the most important aspects of the divorce is deciding what is best for the children. Who gets custody of them? How often do both parents get to see them? Who pays child support and how does a court decide how much to pay? There are many questions that come up, and a family law attorney from The McKinney Law Group can help shed more light on what goes into determining child custody and child support during a divorce. This is already an incredibly stressful time for your family and we want to ensure you are armed with the information you need to make informed decisions and do what’s best for your children. To set up a consultation with a child support lawyer Tampa, FL knows and trusts, please call our office today.
The McKinney Law Group: A Family Law Firm With Decades of Experience
An experienced child support lawyer Tampa, FL residents trust understands that child support can be one of the most contentious family law issues that parents have to address. The McKinney Law Group has successfully represented many clients who were having legal issues surrounding child support, including both clients who were receiving support and paying support.
What is child support?
Child support is also another important factor in divorce proceedings. When one parent is taking on a majority of the responsibility of the physical custody of the children and asks for child support, a judge will then ask for financial statements to determine how much the other parent can reasonably pay and how much the parent with physical custody needs to take care of the children.
Who Is Required to Pay Child Support?
A seasoned child support lawyer Tampa, FL parents depend on knows that under Florida law, every parent is obligated to provide financial support for their child, whether the child lives in the same home or not. Typically, the parent who receives the support — referred to as the obligee — is the custodial parent. The obligor — the non-custodial parent — is ordered by the court to pay a certain amount of money to the obligee.
The court will set the amount of child support based on the net incomes of both the non-custodial parent and custodial parent. Other factors include the number of nights the child is with each parent, the cost of daycare, and the cost of medical insurance. Once the order is in place, it is under the oversight of the Florida Department of Revenue (DOR). Depending on what the court rules, the obligor parent will either pay the obligee directly or will pay the DOR, which will then send the support to the obligee. It is common for the amount of child support to be automatically deducted from the obligor’s paycheck and sent to the DOR directly.
Child Support Issues
A child support lawyer Tampa, FL clients recommend knows that there are several reasons why a client may need his or her services, even after the child support order is issued. One common issue is the need for a child support modification — either an increase or decrease — because circumstances have changed.
Another common situation is when the obligor becomes behind in their payments or refuses to pay. Remedies that the court makes available for nonpayment of support include a jail sentence, suspension of driver’s license, suspension of vehicle registration, suspension of business, occupational, or recreational licenses, tax refund or lottery winnings interception, and bank account seizure.
How Are Custody Issues Decided?
When you and your spouse are getting a divorce, the custody of your children will be decided at court during the divorce process. While a judge makes the final decision on who has custody of your children and how much one spouse might pay for child support, if you and your spouse agree to terms outside of court that you are both comfortable with, a judge may welcome an amicable decision.
If you are fighting for custody of your children or if you would like to learn more about paying or receiving child support, please reach out to a child support lawyer Tampa, FL has to offer at The McKinney Law Group now.
Types of Child Custody
When determining custody of the children, a judge will focus on the legal and physical custody.
- Legal Custody. When a judge grants one of the parent’s legal custody, it means that the parent has the responsibility to make life decisions for their child that may affect aspects like their religious upbringing, where they go to school, and what type of healthcare they have. It is possible that when a judge awards this, they will grant sole legal custody or joint legal custody. As their names imply, when one parent is granted sole legal custody, it is their responsibility alone to make these decisions. With joint legal custody, both parents can make legal decisions like this for their children.
- Physical Custody. A judge will award physical custody to one or both of the parents. This means that this is where the children spend actual physical time with the parents, and a judge can award primary, sole, or joint physical custody. With primary custody, one parent will have the children for 60% or more of the time. With sole physical custody, one parent has the children 100% of the time. With joint physical custody, each parent shares the physical time with kids equally.
A child support lawyer Tampa, Florida families prefer can assist you with your child support and child custody needs. He or she can furthermore help with any disputes or arguments that arise during or after your divorce.
How a Judge Settles Child Support Cases
There are many variables the judge may consider when establishing a child support order. The judge may inquire about both parents’ earnings, to decide whether there is a need for child support, and if the paying parent has extra finances to fill this gap. Depending on the age and health status of the child, more or less financial support may be required to meet his or her daily needs. Tampa, Florida child support law firm can assist you in understanding this process and what may be expected of you.
What the Money Should Be Used For
Unfortunately, not every parent who receives child support payments uses this money responsibly. Some parents may abuse it by spending it on personal items or services for themselves instead of the child. If you have a hunch that the other parent is misusing these funds, please notify an attorney at a child support law firm Tampa, FL has to offer right away. We can help you investigate further and take action if needed. Ideally, child support payments are to be used for things like:
- Rent, mortgage, utilities (so the child has a safe roof to live under)
- Nutrition and clothing (including healthy groceries and purchasing new, properly-fitted clothes as the child grows)
- Books, backpacks, and school supplies (items required for educational purposes)
- Medical care (premiums, costs for medication, doctor visits, dentist appointments, mental health, etc.)
Preparing for Negotiations
Whether you will be going to mediation or attending court over child support orders, we encourage parents to ask for help from an attorney at a child support law firm Tampa, FL men and women can rely on for advice. Before signing any agreements, we can look over the document to confirm that this resolution is in the best interest of both you and your child. When creating child support conditions, it is imperative that a reasonable middle ground is found between how much a parent earns and how much the other parent needs in financial support. Child support shouldn’t put one parent into severe financial hardship, while at the same time the child’s needs must be met. We can help you figure out what amount you can actually afford to contribute in child support.
The McKinney Law Group: A Child Support Law Firm Tampa, FL Parents Can Rely On
Parents who want to understand the basics of child support, can meet with a child support law firm Tampa, Florida residents can turn to for guidance. During this time, we understand that you may feel emotionally drained, and need legal counsel to get you through. We can help you seek the financial support you require in order to properly attend to your child’s growing needs. Call The McKinney Law Group for a free, no-obligation consultation!
Is Lump Sum Child Support an Option?
Faced with the prospect of paying child support for the next however many years, if you have the opportunity to pay it all at once, does the law allow it? Another question you should be asking is if it is a good idea.
These are questions for The McKinney Law Group, a child support law firm serving Tampa, FL hears from time to time. Though you may be eager to put the child support obligation behind you, it may not be to your advantage. Below are some reasons why, but every case is unique because no two child support situations are the same. To protect your best interests, it may be a good idea to check in with our Tampa, FL child support law firm. The first consultation is free so give us a call to schedule a brief meeting for an overview of your case.
What Is Lump Sum Child Support?
This is a scenario in which both parents agree to a lump sum payment from one parent to the other for all future child support. Sometimes the payment is in like-kind rather than cash. A common example of this is the parent who has primary custody of the child keeps the couple’s house in exchange for the other parent not having to pay child support. The assets from the house they gain would be in lieu of the other parent paying child support. Very likely, your child support lawyer in Tampa, FL will caution you to consider paying child support instead, if you are the noncustodial parent. There are good reasons for this.
The Right of the Child
Child support is intended for the child’s benefit, not the parent’s. The courts are very clear on this. Obtaining more assets via a house or other means is not money in the bank. Money in the bank pays for the child’s clothing, food, and other basic needs. Your lawyer from our Tampa, FL child support law firm can review the circumstances and advise you on how likely the court will accept a lump sum for child support, particularly if it’s not in cash.
The Child’s Needs Can Change at Any Time
As already stated, child support is for the benefit of the child. It’s intended to make sure, as much as possible, that their basic needs are met until they reach adulthood. The problem is that life is full of curveballs, and the unexpected happens unexpectedly. Consider the following example provided by our Tampa, FL child support law firm:
If your child should sustain an injury, then they may require surgery and other treatments not fully covered by insurance. If you had already paid a lump sum with the expectation that you never had to make another payment again, the other parent could petition the court for more support. They simply have to show the court the unexpected expenses and anticipated costs in order to present a strong case. When the court considers that petition, they may also take into account other costs as well, including inflation. You may end up owing much more than the new expenses, and much more than your lump sum payment. In fact, the judge might even disregard the lump sum payment altogether. This is why it’s important to talk to an attorney at a Tampa, FL child support law firm regarding lump sum payments for child support and whether they are a good idea for you.
How the Courts May Calculate Child Support
While rarely does anyone anticipate separating from their current partner or spouse, sometimes it happens. If the couple had children together, this means they are probably going to need the assistance of a Tampa, FL child support law firm. It is important that single parents have a basic understanding of what child support is for, how it is calculated, and why one parent may have to pay when the other doesn’t. Parents who have questions about child support can rely on an attorney at The McKinney Law Group for assistance. Our child support law firm serving Tampa, FL understands that separating from your former partner may be painful enough, and now you may have to figure how how to financially support your child.
Intentions of Child Support
Parents have a legal obligation to support their child as he or she grows up. The intention of child support is to help fund the child’s necessities of living, including shelter, food, clothing, medical care, and more. Child support is not to be used for personal items or for anything else aside from the child’s direct needs. Any money left over at the end of each payment duration, is to be saved and used for the future. If you are concerned that the other parent is misusing these funds, we encourage you to meet with an attorney at a Tampa, FL child support law firm for help.
How Child Support is Determined
Depending on a variety of factors, the court may determine that the custodial parent has already upheld his or her parent responsibilities. So this means the non-custodial parent may be the one who ends up paying most of the child support. Child support amounts are commonly calculated based on parents’ income, child’s needs, and what percentage of time the child spends with each parent. The court may factor in wages, tips, bonuses, self-employment earnings, benefits, workers’ compensation, pensions, retirement, annuities, and commissions into a parent’s income.
Our Tampa, FL child support law firm will tell you that if the court has awarded joint custody of the child to both parents, then calculating child support becomes more complicated. There are often two main factors a judge may use to figure out how much the parents are to pay in child support:
- The percentage of time each parent has physical custody of the child. For example, if the child lives with one parent most months out of the year, then the court may deem that parent bears additional costs in raising the child. Therefore, the other parent may have to pay a significantly larger portion of monetary support.
- The percentage contributed by each parent to the overall joint income. The more that one parent earns, the more they may have to pay in child support.
Parents who are in need of a Tampa, FL child support law firm for child support negotiations or court hearings, can meet with an attorney at The McKinney Law Group for support. Initial consultations are free, so please contact our offices to book your appointment. We will do what we can to see that the child support verdict is as fair as possible, and help you resolve any disputes that may arise.
An Overview of Child Support Law in Florida
When you start working with a child support lawyer Tampa FL recommends, he or she can first explain that child support is determined during divorce proceedings. During those proceedings, the court can order a parent who has a duty to support his or her child to pay child support per the Florida Child Support Guidelines. Both parents’ incomes, as well as expenses such as daycare, after-school care, and health insurance, are taken into consideration when child support amounts are calculated.
While, according to Florida state law, the obligation to provide support for children falls upon both parents after a divorce, it does not always do so equally. Any specific arrangement for child support is essentially intended to meet the child or children’s needs in the best way possible. A knowledgeable child support lawyer in Tampa FL can provide you with further details on state law regarding child support, which can also be found in Florida Statute section 61.30.
Modifications
Child support is provided in order to give children the most stable possible living situation after a divorce. As such, the initial arrangement does not always continue in the same manner in which it began, due to changes such as in employment and income. Modifications may be necessary to ensure the child support is working as intended.
Having a child support lawyer Tampa FL clients trust is crucial when it comes to working through such modifications. Because all modifications must go through the court system, your lawyer can help you by determining what your needs are, drafting a request for modification, and submitting that request to the courts to be approved.
Enforcement
At times, unfortunately, legal action may be required for you to receive the child support that your child needs. In this difficult situation, there are a few strategies that can be used to ensure that child support is enforced. A skilled child support lawyer Tampa FL knows for helping families might request that the court take one of the following actions:
- Wage garnishment;
- Account freezes;
- Real estate liens; and
- License suspension.
Of course, there are additional strategies that can be used; consulting with an attorney can help you determine what the best path forward may be.
Let a Child Support Lawyer Tampa, FL Provides Help
If you need the services of a skilled child support lawyer in Tampa FL, call the legal team at The McKinney Law Group. Attorney Damien McKinney has focused on family law for more than a decade and has been named a rising star by Super Lawyers every year since 2012. Last year, Attorney McKinney was awarded the Super Lawyers Distinction of Excellence — an honor given to only 5% of the lawyers in the entire state of Florida. He has also built a substantial reputation for being a skilled Tampa child support lawyer who aggressively fights for his clients.
If you’re struggling with your current child support status, a lawyer may be able to help. Contact a dedicated child support lawyer Tampa, FL clients depend on at 813-906-0048 to set an appointment to discuss what your legal options may be.
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