Legal Question in Family Law in Florida
Child Support and custody
When Filing an uncontested divorce do we have to enter a child support amount and visitation schedule? We both agree that those should be left open for us to determine at our discretition.
1 Answer from Attorneys
Re: Child Support and custody
You must enter a child support guidelines worksheet which tells what the child support will be and you must include this amount on the final judgment. The amounts must agree on the worksheet and the final judgment. You cannot change the amount determined by the worksheet.
You must enter a parenting plan form that includes visitation (called "timeshare" in the parenting plan form), but the form was just released today, so I don't know if it can be downloaded for free from the website yet. You may have to wait a few days to download the form. You can probably find a form that's close enough by googling it. Judges are being pretty lenient since the form just came out. You are allowed to put, "see parenting plan" on your petition and final judgment.
Once you have a court-ordered parenting plan, you can deviate from it by mutual agreement, but you can't deviate from child support. Child support is by state guidelines, not by parental discretion.