Most issues are settled at the time that the divorce decree is final, but child support and issues surrounding it may go on for years after the divorce is final. Each state has it’s own laws and guidelines on how child support is calculated.
Issues such as misconduct by the parent or how marital assets are split do not affect the amount paid. State child support guidelines take into consideration the following things:
- The needs of the child.
- The ability of the non – custodial parent to support him or herself.
- The standard of living the child would have enjoyed had the parents not divorced.
- Provisions for any additional children the non – custodial parent may have.
Income Based Calculations:
In some states, child support calculation is based only on the income of the non – custodial parent. In other states both parent’s income is taken into consideration. In Indiana, child support guidelines factor in the income of both parents and assign each a share of the child’s living expenses as set forth by the guidelines. However, Massachusetts’s child support guidelines consider only the income of the non – custodial parent. Guidelines for addressing extraordinary living expenses such as college tuition, daycare and extracurricular activities differ by state.
All states have a formula established or court rules that determine the amount of child support to be paid.
At this time, Florida does not provide a child support calculator on their Web site. However, they do have printable Child Support Worksheet and Guidelines packet, which can help you to accurately determine the child support obligation.
Florida Statute (s. 61.30, F.S.) requires guidelines to be used in establishing new child support obligations or modifying child support in a Florida court. All states are required to have statutory guidelines but they vary greatly among states. The Florida guidelines must take into consideration all income and earnings of both parents and the children’s health care needs. This worksheet provides an estimate of the amount a court may order, depending on individual circumstances. The court may deviate from the guidelines if there is a written finding in the court record that the guidelines in the particular case would be inappropriate. The finding must include the amount of support that would have been required under the guidelines and a reason why the order varies.
Monthly income, insurance and child care information for both the mother and father will be necessary to complete the forms.
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.