Effective January 1, 2011, there are some significant changes to the child support statute (Section 61.30, Florida Statutes). The most far reaching may be the change in the definition of “substantial time sharing” from 40% of the childrens overnights per year to 20% of the overnights per year. This will likely result in a reduction in the child support obligations of most non-custodial parents based upon their having relatively routine time-sharing with the children.
In order for a parent to meet the 20% threshhold, he (or she) would have to have the children for only 73 overnights per year. This would include not only normal weekday/weekend time-sharing, but also holiday and summer nights. A parent who currently has the children only every other weekend from friday evening until monday morning would have a minimum of 78 nights. Add to that Winter Holiday, Spring Break and Summer vacation overnights and that parent would now be entitled to a substantial break in his/her support obligation. The more time (i.e. the higher the percentage of overnights) that a parent has the children, the greater the discount in the support obligation.
When the legislature instituted the “40% overnights” standard, the result was essentially a line-in-the-sand or battle line between parents arguing not about a schedule which met their children’s best interests, but rather a schedule which artificially affected child support. By reducing the standard for substantial time sharing to 20%, which is very close to the traditional time-sharing schedule, perhaps the parties will be less motivated to litigate for their interests rather than their childrens. One can only hope.
On the other hand, many custodial parents feel they do not receive enough child support as it is. The legislature did make some accomodation by now including 100% of the child care cost in the support calculations, rather than only 75% as before. This, of course, is of no benefit to parents of older children.
There are a number of other changes to the child support law including tax treatment, imputed income, presumptive termination of support at age 18 rather than graduation, and required findings for the automatic reduction of support as older children reach age 18.
If this may affect your situation, please call me for an appointment.
Steven W. Hair, focuses his practice as a divorce attorney, family law attorney in Clearwater, Palm Harbor, and Safety Harbor.
For more information, visit our website at www.FamilyLawClearwater.com
or call (727) 726-0797.