Whether you reside in Miami or Fort Lauderdale, if you have minor children the court will award child support during your divorce or paternity case. Parents are obligated by law to contribute to the support of their children. This obligation cannot be contracted away. Any parent who resides in Florida may petition the Florida courts for child support. Under Florida law, if child support is being requested in your divorce or paternity case, child support is calculated using the child support guidelines.

To determine the amount of the child support to be awarded to a parent, the courts begin with a guideline amount which is located in the Florida Statutes. This amount is based on the number of children and the combined net monthly income of the parents.

The child support guidelines will also factor in the cost of daycare and health insurance payments on behalf of the child, as well as the amount of time each parent spends with the child according to the parties’ time-sharing schedule and parenting plan.

If health insurance is reasonably available, the court will require you to have major medical and dental insurance for your child. If life insurance is reasonably available, you will be required to maintain a policy with a face value commensurate to the amount of child support that is owed for your child.

If a parent is voluntarily unemployed or underemployed, income will be imputed to the parent based upon his or her recent work history, occupational qualifications, and the prevailing earnings level in the community. However, the court may refuse to impute income if the court finds it necessary for the parent to stay home with the child.

Attorney Sandy T. Fox will always discuss child support with you during your initial consultation. He will explain to you whether or not you have an obligation to contribute to the out-of-pocket and uncovered medical and dental expenses for your child, whether child support is available once your child reaches the age of majority and whether you are responsible to pay child support if your child remains disabled past the age of majority.