Practice Area: Family Law/Child Support
Child Support Lawyers
in Jacksonville, FL
Let us help you get the child support you need.
Child support is an ongoing payment by the noncustodial parent to the parent raising the child for the benefit of that child. Child support payments are the noncustodial parent’s contribution to a child’s basic living expenses like food, clothing, shelter, health care, and education. The legal right to support belongs to the child, not the custodial parent. A divorce from a spouse doesn’t include a divorce from the responsibilities a parent has for a child.
Child support is paid to the custodial parent until the child turns 18. A noncustodial parent is only required to pay support for biological or adoptive children. The Uniform Marriage and Divorce Act requires a parent to pay a reasonable or necessary amount for the child’s support despite any marital misconduct. Factors determining reasonable or necessary include the child’s financial resources, the custodial parent’s financial resources, and the standard of living the child would have had if there had been no divorce. Noncustodial parents may also be required to make contributions to future medical and dental expenses, vacation and camp expenses, and educational expenses.
The amount a parent would pay in child support depends largely on income. The child has a right to a portion of income from both parents. The courts generally establish child support to be a percentage of income payable monthly. Even if child support is decided in court, it may not be an appropriate amount in the future. Life circumstances that change over time may require a modification in child support
Child Support Modification
There are a number of issues which could lead to one parent requesting a change in the child support amount or terms. Some common concerns or situations which arise are:
Hiding assets or income
Financial disclosure must be complete. Incomplete disclosure may be cause for contempt of court or may even result in a final judgment for support being overturned as a result of fraud.
Non-payment of child support
If your income drops and you are unable to pay the agreed-upon amount, you should file for a modification. Withholding child support payments is willful disregard of the court’s wishes and could result in enforcement actions, including jail time.
Increase or decrease in overnight stays
If work schedules change or other issues arise which cause one parent to have fewer or additional overnight stays, this may be cause for a modification.
Retroactive Child Support
In the case of unmarried parents, it is possible that one parent may seek to collect child support payments. If a paternity determination is positive, or if the father acknowledges paternity, the court can rule that child support is owed for up to two years in the past, starting from the date of the couple’s separation.
If you believe that you are owed child support, or entitled to a modification of your child support based on a change in either of your circumstances, please contact our office today for a no-cost consultation.
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Our clients say it all.
I would highly recommend this law firm. I hired this law firm for my child custody case, because I barely had any parental time sharing and it seemed like I had less than 20%. However, our journey in my case began in February of 2017. Thomas Gurrola set his expectations and I set mine. Mr. Gurrola was open and straightforward with everything that involved my case. 1. When hiring Mr. Gurrola your hiring not only him but his law firm. Which is a plus! 2. There are many ways a case can be done and there is no wrong way of going about a case to find a resolution. 3. Mr. Gurrola explained to me it’s important to be reasonable. 4. When told you'll have to go to Mediation that might seem as though it will be a waste of time. (Those were my thoughts!) In my case after mediation I found out that it wasn't. Mr. Gurrola was with me at my mediation and gave me more than what we anticipated to have as an outcome by being reasonable. Before meditation I was set on trial and this law firm went to court for every and any modification I had and was represented by Marcile Kyle and one other lawyer who domesticated my judgment. Most importantly the backbone of this law firm during my journey was Tiffany Zilla, one of Mr. Gurrola's hard working and respectable paralegals. I found out the faster I turned in documentations and cooperated the faster things would be back from the courthouse. Throughout this experience and time that involved waiting was waiting on the actual courthouse.
Christyn Arriazola
