Cape Coral Child Support Attorneys

Cape Coral Attorneys Helping People With Family Law Matters

Raising a child is expensive, and few people can afford to do it alone. Further, even if a parent can bear the costs of raising a child independently, both parents have an obligation to provide a child with financial support. Thus, under Florida law, parents can seek monetary payments from their child's co-parent to help a child receive the funds needed to provide food, shelter, and other necessities. If you share custody of a child and you or your child's other parent intend to seek financial support via the courts, it is prudent to speak to an attorney to discuss your case. The knowledgeable Cape Coral child support attorneys of Lusk, Drasites & Tolisano, P.A. can inform you of your options and help you strive for the best outcome possible under the circumstances. We regularly assist parents in child support matters in Cape Coral and other cities throughout Florida.

What is Child Support?

Child support is a legal obligation in Florida requiring one or both parents to provide financial support for their child(ren) following a divorce or separation. The primary goal of child support is to ensure that the child's standard of living is maintained despite changes in the family structure.

The main purposes of child support include:

• Basic Necessities: Child support ensures that the child has access to essential needs such as food, clothing, and shelter.
• Healthcare: It covers the costs of medical care, including health insurance, medical bills, and other related expenses.
• Education: Child support can contribute to the child's educational expenses, including tuition, school supplies, and extracurricular activities.
• Childcare Costs: If the custodial parent requires childcare due to work or school, child support may cover these expenses.
• Standard of Living: Child support aims to allow the child to maintain a lifestyle similar to what they would have had if the parents were still together.
• Special Needs: If the child has special needs, child support can help cover additional costs related to their care and well-being.
• Legal Obligations: Ensures that the non-custodial parent fulfills their legal obligation to contribute to the financial welfare of their child.

Florida's Child Support Laws

Under Florida law, parents must provide monetary support for their children. Child support is not only meant to provide a child with food, shelter, and clothing but also with health care and educational expenses. Generally, child support obligations will continue until a child reaches the age of eighteen but, in some cases, the court may extend an obligation beyond that date. Notably, either parent can seek support, and the courts do not consider a parent’s gender in determining if they should grant support.

No set amount is considered adequate support. Instead, the courts will turn to the Florida child support guidelines to determine an appropriate award. The guidelines employ what is known as an income shares model to calculate an obligation, which means that the court will evaluate the parents' combined income and then assess what portion of that income a child would receive if the parents lived in the same household. Child support lawyers in Cape Coral can help parents with this step of determining their obligations.

In determining the parents' income, the court will look at affidavits submitted by the parties, outlining their expenses and earnings. Income includes salaries, wages, bonuses, disability and Social Security benefits, rental income, trusts, and spousal support. The courts can also impute income to people if they receive financial support from another person such as a parent or romantic partner. After the court establishes a parent's gross income, it will deduct expenses for certain things such as spousal support, income taxes, court-ordered child support for other children, and health insurance payments. The court will then use the parents' combined net income in combination with the number of children involved to determine the support obligation. While the guidelines should be used to calculate support, in some cases the court may deviate from the guidelines.

Modifying and Enforcing a Child Support Order

In many instances, what the court determines to be a suitable support amount will no longer be ideal as the child's needs or the parents' financial statuses change. Thus, either party can retain a child support attorney in Cape Coral to seek a change of an existing order if it is warranted.

A party seeking a modification generally must show that there has been a significant and lasting change in a material circumstance. In other words, the party must show that the change is not temporary and that it affects one of the elements used in determining the initial order, such as the income, debts, or assets of either parent, the division of custody, or the child's needs.

If a parent refuses to pay support despite an order, the court may hold the parent in contempt. It is important to note, however, that the party entitled to receive support cannot withhold access to the child from the other parent due to the lack of support.

When Child Support Ends in Florida

In Florida, child support typically ends when the child reaches the age of 18. However, there are several exceptions:

• High School Exception: If the child is still in high school when they turn 18, child support continues until the child graduates, turns 19, or leaves school, whichever occurs first.
• Special Needs: If the child has a disability that requires continued support, child support may be extended indefinitely, as long as the child remains dependent.
• Early Termination: Child support may end earlier if the child becomes legally emancipated, gets married, or joins the military before turning 18.

Child support payments do not automatically terminate when the child reaches the age of majority or when other terminating events occur. In Florida, the following steps are generally required:

1. Court Order: The paying parent may need to obtain a court order to officially terminate the child support obligation. This often involves filing a petition with the court to confirm that the child is no longer eligible for support.
2. Notification to the State: If payments are being processed through the Florida State Disbursement Unit, the parent must notify the state agency of the change. The agency will then review the case and adjust or terminate the support obligation as necessary.
3. Agreement Between Parents: In some cases, both parents may agree to terminate child support, but this agreement must still be approved by the court to be legally binding.
4. Automatic Termination Clause: Some child support orders include a clause that specifies the termination date, such as the child’s 18th birthday. In these cases, the payments may automatically stop, but it’s still advisable to confirm with the court or a legal professional to ensure compliance.

Meet With a Trusted Child Support Attorney

Children have the right to receive financial support from both parents, but legal action must be taken to obtain adequate funds in many cases. If you or the co-parent of your child intend to file an action seeking support, it is essential to understand your rights and obligations.

The trusted Cape Coral child support lawyers of Lusk, Drasites & Tolisano, P.A. are proficient at helping parties fight to protect their interests in family law cases, and if you hire us, we will work diligently to help you pursue your desired outcome. We regularly assist people in family law cases in Cape Coral, Fort Myers, and Naples, where our offices are located. 

You can contact us to set up a meeting by calling us at (239) 908-4930 or using our online form.