Michele Lebron | January 24, 2025 | Divorce near Kissimmee, FL
Parents are legally responsible for the financial support of their children until their children are emancipated. Generally, children are emancipated when they turn 18 years old. The date could extend until 19 years old or when they graduate high school, whichever date is first.
When a child’s parents decide to divorce or they are unmarried, the court orders child support payments to ensure both parents pay their share of the child’s expenses. Typically, the non-custodial parent pays child support to the custodial parent. The custodial parent is the parent with whom the child primarily resides.
Even if parents share joint custody, it is rare that a court would not order child support payments. Florida’s child support guidelines are not drafted in a way to allow for $0 child support payments.
Can I Get Out of Child Support With a 50-50 Custody Agreement in Florida?
Florida judges determine child custody arrangements based on what is in a child’s best interests. The court may order sole custody if the judge determines joint custody would not benefit the child. However, courts favor joint or shared custody so a child can continue a close relationship with both parents, and the parents can maintain active roles in the child’s upbringing.
Even when parents share custody, it would be very rare for the court to order no child support payments. For the court to order no child support in a 50-50 custody case, all the following criteria must be met:
- The time-sharing agreement calls for the child to spend 50% of their time with each parent;
- The parents split the child’s expenses for healthcare and daycare equally, and,
- The parents have the same income and resources.
Even when parents have a 50-50 custody arrangement, the child typically resides with one parent more than the other parent. This arrangement provides continuity for the child while allowing the child to spend as much time with each parent. Therefore, child support is rarely going to be equal in a custody case.
How Does Florida Calculate Child Support in a 50-50 Custody Case?
Florida has adopted standard child support guidelines for calculating child support payments. The guidelines consider several factors to determine each parent’s child support amount. Those factors include:
- The number of overnights the child spends with each parent
- Each parent’s income and resources
- The child’s needs
- The child’s healthcare expenses
- A parent’s monthly expenses
- Childcare costs
- Standard of living
- Insurance costs
- Income tax deductions
The child support guidelines calculate the base support on the parents’ combined income and the number of children to be supported. The judge may deviate from that amount based on the other factors listed above. Judges may also consider other facts they deem relevant.
Can Child Support Payments Be Modified if I Have 50-50 Custody in Florida?
Circumstances could change that might justify the court modifying the amount of child support payments. For example, a parent may petition the court for a change in custody, resulting in the child spending more nights with the parent. In that case, the court may modify child support to consider how the new custody arrangement impacts the number of overnights the child spends with each parent.
Other reasons the court might modify child support include, but are not limited to:
- A substantial change in a parent’s income
- A health condition or accident causes a parent to become disabled
- The birth of another child
- Extended periods of unintentional unemployment
- The child’s needs change substantially, such as the need for special education or medical care
Child support modifications are not retroactive. Therefore, if circumstances change, you should speak with an attorney about modifying child support payments as soon as possible.
An agreement with your spouse to modify or “slip” child support payments is unenforceable in court. The court must issue an order changing child support for the change to be legal. Otherwise, the parent paying child support could face penalties for unpaid child support. The court may suspend their driver’s license, garnish their wages, seize tax refunds, and take other actions to collect unpaid child support.
What Should I Do if My Child Support is Unfair in Kissimmee, FL?
Talk with a Kissimmee child support lawyer about your situation if you believe your child support is unfair. An attorney will review the facts and circumstances of your case to determine if the child support payments are calculated correctly. If not, the attorney can petition the court asking to modify the payments based on a mistake or change in circumstances.
Contact the Kissimmee Divorce Lawyers at Lebron Law, PLLC for Help Today With Your Family Law Case
You probably don’t need to talk to a Kissimmee family lawyer before you initiate polyamorous arrangements with a willing spouse. If you are considering divorce, however, or if you suspect your spouse is planning to file for divorce, you need to talk to an experienced Florida family lawyer as soon as you can.
For more information, contact our experienced Kissimmee family law & divorce attorneys at Lebron Law, PLLC by calling (321) 800-5195 to schedule a free consultation.
We serve all through Osceola County and its surrounding areas in Florida. Visit our office at:
Lebron Law, PLLC
15 S Orlando Ave, Kissimmee, FL 34741
(321) 800-5195
