Child Support

How Much Financial Support for the Children?

Initial Determination and Deviations in Florida Child Support

Aside from continuing to provide love and regular attention, parents have no higher obligation than to provide financially for their children after the divorce. Child support is more important than any other debt or financial obligation. What level of support will be required? A court will determine the amount, and an attorney can help assure that the determination is fair under the law.

The Law Office of Curtis R. Cowan, P.A. represents divorcing men and women throughout Broward County and Palm Beach County. Contact my Fort Lauderdale office at (954)768-0720 to discuss your child support case. I am a board-certified marital and family law lawyer practicing in Florida for 22 years.

Determining Child Support

Child support is the most predictable aspect of divorce. The amount of child support the non-residential parent pays is determined after custody, property division, and alimony (if any) are decided. Florida child support is based on a ratio of the net incomes of the parents — the more you make, the more you pay. From that baseline, a judge can deviate up or down by 5 percent without any findings or more than 5 percent after making specific findings justifying the deviation. For example, additional support may be awarded for private school tuition (if the child already attends) or if your child has a medical condition. If the paying parent has a very high income and the amount of support greatly exceeds the child's needs, the court may appoint a guardian to help manage the child's financial interests (often through a trust fund).

Another limiting factor is custody and timesharing. If the non-primary parent has at least 40 percent of the overnights, child support is calculated at a lower ratio. However, parents who litigate for the 40% overnight requirement to obtain a lower child support amount will discover that they really do not save money.

Your Attorney's Role — Determining Income and Protecting Your Rights

You may need a lawyer to make sure that child support is fairly determined. The paying parent may be self-employed or own a business and not be reporting all income. I use all means necessary, including subpoena of bank records, to verify actual income. If the non-residential parent is intentionally unemployed or underemployed to avoid child support obligations, the court can impute income and increase support accordingly (forcing the parent to get a real job).

If your financial circumstances have changed, either party can request a child support modification hearing. If the other parent is not paying court-ordered support, I can assist you in enforcement actions.

Call Today at (954)768-0720

For experienced representation and an estimate of the child support you would pay or receive under Florida law, contact the Law Office of Curtis R. Cowan, P.A. to schedule an appointment. I represent divorcing parents or never-married parents in all child support and custody proceedings.