Legal Question in Family Law in Florida

Re: childsupportlawand regulation

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Child support is based on the combined net earnings of the parents and not the time spent with a child pursuant to the guidelines established in Florida Statute 61.30. A non custodial parent is allowed a reduction if a certain amount of the child's nights are spent with that parent thus negating some of the need of the custodial parent. You can review the child support guidelines online at: http://dor.myflorida.com/dor/childsupport/guidlines.html

Scott R. Jay, Esq.

Re: childsupportlawand regulation

1. The 40% rule pertains to the number of nights the children spend at the non-custodial parent's home, not the amount of time spent with that parent.

2. How much less that parent will pay is the result of complicated formula. Attorneys have computer software to do the calculation. You can look up the statute for the formula if you wish.

3. Although child support may have already been awarded, a change in the number of nights spent at the non-custodial parent's home may justify a modification of that support. It depends on the actual numbers/facts.

Re: childsupportlawand regulation

Child support belongs to the child and is not tied into any percentages. Just like visitation, child support is a separate concept. The child needs to be supported in a reasonable fashion for the entire year!

It can be modified if the moving party goes back to Court and can establish a substantial change in the circumstances.