Many divorced parents with children find themselves in a constant battle. He/she doesn’t parent the kids well. He/she doesn’t spend enough time with the kids. He/she doesn’t set a good example. He/she isn’t paying child support.
This struggle to see eye to eye isn’t all the surprising – after all, you got divorced for a reason, right?
A number of our clients are parents who want their child support orders modified after circumstances change – new job; loss of job; new spouse; new kids; and so on. They are asking 1) for more from the paying spouse, or 2) if they are the paying spouse, to pay less.
Is it difficult to have child support modified? Is it ever appropriate to stop paying child support? Is it ever appropriate to withhold the children from contact with the other parent? To help you out…
Here are some Florida child support FAQs:
1. If my ex doesn’t pay child support, can I withhold time or contact with the kids?
No. Florida courts are very emphatic that both parents be as involved as possible with the child rearing – absent some dire circumstances such as domestic violence, this is what’s best for the children. You must continue to follow the court’s parenting plan and timesharing agreement even if your ex isn’t paying child support.
Contact an experienced attorney like George Gelb to seek enforcement and collection of child support payments.
2. If my ex doesn’t let me see the kids as per the timesharing agreement, can I withhold child support?
No. Conversely to #1 above, if you are the paying spouse and your ex is withholding time or contact with the children from you, you may not withhold child support payments. You must continue paying child support as per the court order, and contact your attorney to seek a modification of the timesharing agreement.
3. Can the court order my ex to help pay for the kids’ college?
Typically, child support orders end when the child turns 18 or graduates high school at 19, whichever occurs first (this is known as the age of majority or emancipation). It is rare, but sometimes the original divorce decree or child support will order a parent to pay child support past the age of emancipation; for example, until the child graduates college. If your child support order provides for an extended period of child support, the court will enforce it. If not, the child support payments end at 18 or 19.
If your child has special needs and will be unable to become a self-supporting adult, the court may order you to pay child support for the life of the child.
4. My husband is obligated to pay child support for his children from a previous marriage. He is currently out of work and living off my wages. Can I be held responsible for his child support payments? Can a lien be put on our home to satisfy the payments?
You cannot be held responsible for your spouse’s child support payments. And Florida’s “homestead exemption” prevents a lien from being put on a home to satisfy child support obligations.
5. Do my child support obligations automatically terminate when my child turns 18 (or 19)?
If your child support order requires direct payment to the other parent, then when your child reaches the age of legal termination, you can simply stop paying. If your child support order requires you to go through the Florida State Disbursement Unit (FSDU), you must get a court order to terminate the disbursement unit account.
Other Questions:
How is Child Support calculated?
Any questions about your child support obligations? Contact George Gelb for a free consultation: (561) 748-8000