July 18, 2022
If you are a parent who is married, you are legally obligated to support your children. This is true even if you get divorced. Both parents must continue to provide financial support to the child until the child turns 18. However, sometimes one parent may not be able to afford to support the child. If this is the case, there may be a few ways for you to avoid paying child support in Florida.
Here’s what you need to know about this topic:
Child Support in the State of Florida
In the state of Florida, the law requires both parents to support their children if the parents are separated or divorced. This means both parents must continue to provide financial support to the child even if one of the parents does not have custody of the child anymore.
The court can order both parents to support their child by making payments to the support collection unit. If the parent does not make the payments, the collection unit will then go after the parent for the owed back child support.
How Child Support Is Determined in Florida
The amount of child support each parent will pay is determined by state law. The amount of child support depends on certain factors, including:
- Parent’s wage, bonuses, commissions, and tips
- Spousal support
- Social Security payments
- Disability benefits
- Retirement or pension plans
- Unemployment assistance
- Property ownership
- Other forms of compensation
After the total amount of a parent’s gross wages is calculated, deductions are subtracted from the amount, including taxes, spousal support, and any additional child support payments. This net amount is then used to get the total amount of money you should pay by using specific state-mandated guidelines.
Child support payments continue until the child reaches the age of 18. In some cases, like if the child has a disability or is still in high school after the age of 18, payments may continue for a longer period of time.
How to Stop Child Support Payments
If you do not want to continue to pay child support, you have the right to limit or stop your child support payments. You can do this by filing a motion with the court. However, you will have to show the court reasonable grounds for your request.
There are several reasonable grounds that you can use to get the court to stop your child support payments. One of the most common reasons is if the child is over the age of majority. You can also seek to terminate your child support obligation if you have been disabled and no longer have the ability to work. If you are working, but you cannot afford to continue paying your child support, you can also ask the court to terminate your payments.
If you are a parent who is living in Florida and you are experiencing financial problems, you may want to consider avoiding making child support payments. This can be done by filing a motion with the court. Here, you will have to show the court that you have lost the ability to continue making your payments. Your financial condition will be analyzed by the court and if you are able to show that you are not able to avoid paying child support, your request may be approved.
If you have been ordered to pay child support and you want to stop making these payments, you need to contact a Florida family lawyer to help you take the proper legal action.
Dorsey Law JAX can provide you with the legal expertise of trusted family lawyers in Florida. Get in touch with us so we can discuss your case!