Negotiating child support payments is a crucial aspect of divorce proceedings between spouses with children. This is often where amicable communication breaks down as parents with split custody may disagree on who needs child support and how much.
The truth is that child support payments serve a vital purpose in ensuring that children from dissolved marriages receive proper financial support. At Untying the Knot, our team of online family law attorneys understands the importance of these payments and how vital they can be for a child’s care. At the same time, we also know how they can be abused.
What are Child Support Payments?
Child support payments are court-ordered financial contributions that the non-custodial parent must make to the main custodial parent for the benefit of their child. They have to make these payments regardless of whether or not they have legal custody. They would need to sever their parental rights entirely to cease child support payments.
The amount the parent pays is determined based on various factors, including:
- The income and financial resources of both parents
- The needs of the child
- The child’s standard of living before the divorce
These payments typically continue until the child reaches 18 years old or graduates from high school. Parents cannot be made to pay child support past age 19 unless they agree to do so in their divorce agreement. It is not unheard of or uncommon for parents to agree to pay child support until the child is 21 or a college graduate.
Child support payments must adhere to the laws of the state in which the agreement was signed unless both parents and children move to another state.
The Intended Use of Child Support Payments
It is crucial to understand that child support payments are intended to cover the basic needs of a child. This includes:
- Food
- Clothing
- Shelter
- Medical care
- Education (school fees and supplies)
Extracurricular activities are not meant to be included in child support payments, so both parents are responsible for their costs. They are simply considered extraneous and something to be discussed as they come.
Consequences of Misusing Payments
At Untying the Knot, our online system and services are based on the experience our family law attorneys have seen. This includes cases where one parent misuses the child support payments they are given or withholds child support payments they owe. Both are violations of court orders and have serious consequences for both parents and children. Some potential consequences include:
- Legal action: If the receiving parent complains to the court about the misuse of child support payments, the paying parent may face legal consequences such as fines and a deduction in child support. A parent who doesn’t pay can receive fines or even jail time.
- Reduced parenting time: The court may reduce or even eliminate parenting time for a parent who fails to make child support payments.
- Damaged relationship with the child: Misusing payments can also harm the relationship between the paying parent and their child. It can create feelings of resentment and mistrust, which can have long-term effects on their relationship.
Modifying Child Support Payments in Florida
In Florida, the law allows parents to file for child support payment modifications. If there has been a substantial change in the circumstances of either the parent or the child, a modification may be considered. This can include significant changes in income, medical needs, or living arrangements.
To initiate a modification, the parent seeking the change must file a Supplemental Petition to Modify Child Support with the court that initially ordered the child support. After the petition is filed, the other parent is served and has 20 days to respond. If the other parent agrees to the modification, the court will typically approve the change.
If not, a hearing will be scheduled where both parties can present evidence supporting their case. The judge will then make a decision based on the best interests of the child.
The Importance of Honoring Child Support Obligations
At Untying the Knot, our online family law attorneys advise clients to honor their child support obligations. Not only is it a legal responsibility, but it also ensures that children receive the necessary financial support for their well-being. It also helps maintain a positive co-parenting relationship, which is essential for the child’s emotional and mental health.
Check Out Untying the Knot’s Online Services or Contact Us Today
Child support payments are meant to fulfill the basic needs of a child and contribute towards their well-being. Failure to honor these obligations can result in legal consequences and harm the relationships between parents and children.
At Untying the Knot, our team of online family law attorneys is dedicated to helping our clients understand and fulfill their child support obligations, ensuring the best possible outcome for all parties involved.
But, divorce is incredibly expensive, on top of being a long and emotionally-harrowing process. That’s why we offer online services that streamline the process as much as possible so that you can divorce as quickly and easily as possible. Check out our online services for help, or contact our attorneys today.