Can The Florida Courts Deviate From The Standard Child Support Guidelines?
Generally speaking, Florida child support payments follow an established formula. The Florida courts use the state’s guidelines to determine how much money one parent will pay to the other to accommodate the child’s needs. In some cases, however, the standard formula might be unfair or impractical for a particular family. In such a case, the courts can deviate from the standard child support guidelines. This could be important knowledge to consider when a judge rules on your child support recovery or obligations. In this article, the Tampa, FL, child support lawyers at Faulkner Law Group, PLLC will discuss when and how you can request a deviation from the standard child support guidelines.
How does Florida typically calculate child support?
The State of Florida employs strict guidelines when it comes to calculating child support payments. Under Florida law, the courts are instructed to consider:
- Each parent’s income
- The number of children they have
- Their childcare expenses
- How much time each parent spends with the child
Using these variables, the court calculates a parent’s child support obligation. However, the standard guidelines don’t always meet every family’s needs. If this is the case, the judge will have to make adjustments.
When can the Florida courts deviate from the standard child support guidelines?
Florida makes room for situations in which the standard child support calculations would be unfair to one party or the other. The judge is required to explain the reasons for deviating from the standard guidelines. The judge might change the child support guidelines when there are specific circumstances that warrant a change. These could include costs related to medical care or expenses related to the child’s education. Judges could also consider deviating from the standard guidelines if one parent’s income increases or decreases significantly. Judges will ensure that the child support payments are fair and meet the child’s actual needs.
Judges can increase or decrease child support payments
Your family’s circumstances will dictate whether or not the judge will deviate from the standard guidelines. The judge could decide to increase a parent’s child support payments when the child has extensive medical or special needs. For example, a child could need tutoring to help them with school. The court might see fit to ensure that the family can cover the costs related to the child’s educational needs.
Conversely, a judge might consider lowering the amount paid. If, for example, a paying parent is responsible for other children from a previous marriage or faces travel expenses related to visiting their child, the court could decide to reduce the parent’s payments.
To request a deviation from the standard child support guidelines, you will need to prove that there is a significant need. This can include:
- Medical bills for ongoing treatment
- Tuition expenses for private schools
- Travel expenses related to visitation
- Documents that establish financial hardship
Talk to a Tampa, Fl, Child Support Attorney Today
Faulkner Law Group, PLLC represents the interests of parents in child support matters. Call our Tampa family lawyers today to schedule an appointment, and we can begin addressing your concerns right away.
