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Stopping Child Support: How it Works?

Posted by LEISA WINTZ | Apr 05, 2021 | 0 Comments

Stopping Child Support - Family Matters Law Group

Stopping Child Support in Florida

In Florida child support is required for all parents who do not live together. Child support is the right of the child and because of this, parents are not able to waive child support. Because of this, once a divorce, child support or paternity (custody) case is filed, child support cannot be waived. Child support is calculated by using a formula that takes into consideration: each parents income, child care costs, health care costs (parents and children), prior child support orders for other children and the number of court ordered overnights each parent has.

Once a party requests child support, the Order can go backwards for a period of up to 24 months. This is called retroactive child support. To calculate this, amount the per obligated to pay will be given an opportunity to provide proof of any payments made during this time. These payments can be directly to the other parent OR proof of purchase of necessities during this time. The other parent can agree to these credits or contest them. If contested, the Judge will determine if the credits will be given. Once an established amount of retroactive support is determined, that amount usually gets paid back at an amount of 20% of the new monthly child support payment each month.

Many times, child support is initiated by a parent contacting the Department of Revenue and having them initiate the case. In fact, if a parent attempts to get food stamps, cash assistance or other types of state financial assistance, DOR will require the parent receiving such assistance to file to receive child support. These cases are often done through administrative proceedings and not in the regular circuit court – however, either way, they are legitimate and enforceable Court Orders.

Can I be taken from child support?

Many times, we are asked, can I be taken from child support? The answer to this question is that only a NEW Order can terminate an old Order. So the other parent cannot just simply tell you that he/she no longer wants child support. The State will continue to hold you accountable for child support either way. In fact, often people who believe the other parent when told that child support is no longer wanted, will end up with a very large bill to pay later on, their license suspended, their passport suspend or a warrant for arrest being issued.

Once a Court case has been filed, the only way to have NO CHILD SUPPORT is for each parent to make approximately the same amount of money, have a parenting plan giving each parent 50% of the overnight timesharing and to share equally in all of the child care, health care and other child related expenses. To know more about Child Support, you can visit our YouTube Channel.

About the Author

LEISA WINTZ

Leisa Wintz originally began her career as a marriage and family therapist. Ms. Wintz went on to attend law school and started practicing family law in 2009. However, she quickly realized that many family law practices lacked the empathy and compassion she believed were necessary in order to achi...

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