Child Support Lawyer
Whether you just went through a divorce or are trying to get an unsupportive parent to provide financial stability for your child(ren), experienced family attorney Gustavo E. Frances understands the stress that such situations can put on you. He can help you get the child support you need, or assist in getting your current child support agreement modified. Whatever your needs, Frances is here for you.
Florida Laws on Child Support
Florida state law (Title VI, Chapter 61, Section 30) utilizes a formula to calculate minimum child support needs, which takes the combined monthly net income of both parents and the number of children to determine child support payments. Determining monthly net income is not always so simple: Factors such as veteran status, employment, medical needs, pensions, and Social Security will affect the overall net income. Sometimes, this income is not sufficient enough to support the needs of the child(ren), especially when the children have medical needs or disabilities. In this case, the court needs to look at nonrecurring income or assets.
Attorney Gustavo E. Frances, P.A. will talk with you about your case, taking into account all aforementioned factors that determine child support. He can help you figure out how much you will receive (or what you will be required to pay), and can work with you to determine if your situation makes you eligible to ask for more. Under Florida law, a 5 percent increase can be requested if the guideline amount is “unjust or inappropriate.”
Frances can help you sort through the language of the law and its complexities, making sure you receive a fair child support agreement.
Child Support Enforcement
Under Florida law, child support agreements are enforceable by law once established in the courts; however, this does not always guarantee that payments will be made. Mr. Frances will help you petition the court to enforce that the child support is paid.
If you are not honoring your child support agreement, you could face serious legal consequences, including:
- Suspension of licenses (driver’s, hunting, etc.)
- Passport denial
- Withholding of income
- Withholding of federal payments (one-time or recurring) such as retirement or salary
You may also face jail time depending on the number of offenses or payment amount due. If you are missing payments because you can no longer afford the agreed payment, you may be eligible for a child support modification.
Child Support Modifications
From time to time, child support agreements may need to be modified due to change in employment status (promotion or unemployment), change in child(ren)’s health status, and more. In these cases, Frances can help clients seek a child support modification through the courts. Other reasons that child support needs to be modified include:
- Parent disability
- Change of expenses (health insurance, daycare)
- Medical needs
- Needs of children decreased
Under Florida state law, child support agreements are eligible for modification only if a substantial life change can be proven (such as increase/decrease of income) and the child support order will not end within 6 months of request received OR support order has not been changed/reviewed in last 3 years.
Whether you need to receive more child support or your situation has changed and you need to pay less, Gustavo E. Frances, P.A. can assist you in the modification process.
Free Consultation for Child Support Cases
If you need a family law attorney to help you get the child support payments you are due, contact the Law Office of Gustavo E. Frances. An experienced, award winning family attorney, Frances offers free confidential consultations for clients with child support cases, since he knows how important children are in the fabric of a family. He serves clients throughout the Florida area, including Wilton Manors, Lauderhill, and Pompano Beach. Call toll-free at 1-800-860-6565 or complete the online form to see how he can help.
Going through a family divorce is never easy, especially when there are children involved.MY IMMEDIATE STEPS