Orlando Child Support Attorneys
Going through grueling custody agreement can be difficult, and then comes the issue of child support and actually taking care of your child. Even if everything up until that point is easy and straightforward, the topic of money and how much one person has to pay another can create tensions and can be difficult. In many cases, what has been extremely peaceful up until that point can quickly turn volatile and difficult. In Orlando, child support agreements are based on the income of the parents and the basic needs of the child. An effective child support lawyer can help to ease tensions in the discussion of money and come up with a solution that is amicable for all sides.
The law offices of Grigaltchik & Galustov will be your voice when you are fighting for fair support for you and for your children – whether you are the person receiving the payment or the person doing the paying. Our team has been practicing family law in Orlando for many years. We have a wide variety of skills in representation as well as experience, making us well-versed in the laws and guidelines that determine things like visitation, parenting plans, and child custody in the state of Florida.
What is Child Support
Child support is the money that one spouse must pay to the spouse that has physical custody of the children. This money is to be used for everyday needs and school costs. There are legal guidelines that have been passed to determine the base amount of child support, though it is much more complicated than that.
While some of the confusion and complications have been abated by these laws, there is still plenty that can change what someone pays and what someone receives.
What Child Support in Orlando, FL Covers
Regardless of who has custody of the child or when that person has custody, a parent should do more than financially support his or her children. That is why a parenting plan is sometimes put into action. This will help a parent understand the basic health, social, emotional, and physical needs of the child. This can include different expenses, including for education, medical, insurances, and more.
Note that while custody arrangements may end at the age of 18, support payments may continue until the age of 21, depending on the situation.
How a Child Support Lawyer Decides Payments
The state of Florida works to determine the payment amounts by looking at a formula based on the combined incomes of each parent as well as the needs of the child. If your child(ren) have special needs like medical concerns or special schooling, then the child support arrangements can be a little more complicated. This can also be true in cases on worker’s comp, pensions, unemployment, disability, and more.
Typically, child support in Orlando is determined by what parents can contribute, a certain percentage per child, and any other unique situations that may pop up. Combined income is tricky because if you go over a certain threshold, the math changes completely.
Sometimes, parents want to waive a judge’s calculations. This is rare, but will require the parents to have a great lawyer who will fight for them. You can submit your own plan in writing, though you should have legal representation look over it before presentation.
Modifications of Child Support in Orlando
Sometimes, child custody payments need to be changed due to a life change or a significant decrease/increase in earnings. Modification hearings are quite common and are relatively painless. However, you do need to be seen before a judge to prove that the change is justified.
If the child support order has more than six months left, there is a substantial change in the circumstances, and/or the child custody agreement hasn’t been reviewed in some time, there may be a need to make modifications to the child support agreement. Of course, if your income significantly changes in either direction, you may need to have your agreement looked at as well.
When making modifications to child custody agreements, the amount of visitation that a parent gets is also taken into consideration. The paying parent is required to exercise 73 overnights per year. This is a significant change from the laws that were in place years ago, making it imperative to have someone overlook your agreement if it has been some time.
Most child support modifications come after a substantial change in circumstances for the parents and/or children. Some of the most common examples of changes include:
- Decrease in income for the person paying child support (MUST be involuntary)
- Increase in income for the person paying child support
- Child’s need decreased (does not require full time child care, no longer receiving medical treatment, etc.)
- Disability of either parent (or health of either parent worsens)
- Prolonged illness for parents or child
- Changes in child custody
The key to getting a successful modification of your child support is to show a “material and substantial” change. For some parents, this can be difficult because it requires attention to detail and documentation.
The attorneys at Grigaltchik & Galustov will ensure that you have all of the necessary documentation and information before you enter the courtroom. We understand the importance of timeliness, organization, and if needed, aggressiveness. We have extensive courtroom experience in modification cases. We can easily and meaningfully convey your modification needs to a court.
Not Getting the Support You Need?
If the person who pays you child support to take care of your child(ren) isn’t living up to the agreements of the child custody arrangement, there are a number of ways that a family law attorney can pursue the case. We will petition the court so that the child support orders, visitation rules, and more will be upheld.
Do not be afraid to go after what is rightfully yours under the eyes of the law.
Penalties for Non-Payment of Child Support
Falling behind on your payments without notifying the courts of your hard time can come across as negligence, which is something that you do not want because it can result in different repercussions to come into play. In more extreme situations, it can result in wage garnishments, fines, jail time, or suspension of driver’s license, passport, and motor vehicle registration. Some other licenses or certifications may also be suspended as a result, including those associated with foster homes, child placing agencies, CPAs, real estate, teaching, physicians, nursing, and pharmacists. Do not allow non-payment to ruin your life.
For many, there are legitimate reasons why you fall behind on payments, like the loss of a job or a significant decrease in income. Sometimes life becomes challenging and you need to put your money elsewhere. If you are the parent who has fallen behind, call the law offices of Grigaltchik & Galustov today.
Retroactive and Back Pay
When initially determining child support, it isn’t unlikely for Florida courts to award child support retroactively for up to two years from when both parents weren’t living together and taking on the financial burden of the child.
An experienced child support lawyer can help you to set up payment plans and help to negotiate the back pay. We will need to prove the financial help you gave the child during that time so that you aren’t paying twice for that period.
Consult an Experienced Orlando, FL Child Support Lawyer
As divorce lawyers, child support is something we are very skilled and experienced. We have dedicated a large portion of our lives to marital and family law. Grigaltchik & Galustov has experience in representing parents on both sides of the case, those who receive child support and those who have to pay it. We find that this helps us to get an in-depth understanding of the difficulties that both parents face in this situation. No one wants to be on either side.
If you are having trouble determining child support amounts, feel that you cannot pay what you are asked to pay, or you are not receiving the amount that you feel your child needs to be happy and healthy, contact our law offices today. Our experienced team can handle all matters of child support, representing you and your children.
Call (407) 501-6679 today for a Free Consultation with an Orlando Family Law Attorney!
