RD- an actual child support client
"My case was handled quickly and with ease."
01/10/2014
RD- an actual child support client
"My case was handled quickly and with ease."
01/10/2014
“Prospective clients may not obtain the same or similar results.”
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Child Support

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Gainesville Child Support Attorney

Experienced Gainesville Child Support Attorney Karen S. Yochim recognizes the financial strain and emotional hardship associated with child support issues. With this in mind, The Law Office of Alba & Yochim P.A. strives to provide its clients with a clear and complete understanding of the child support process. From filing the proper pleadings, to drafting the order and collecting payments, we will guide you through each step of your individual case.

How is child support calculated?

Child support is calculated through examination of the parent’s finances and consideration of what is in the child’s best interest.

Florida courts will structure a child support order based on the Florida child support guidelines outlined by the state legislature. These guidelines use the net income of both parents, the number of children involved and the children’s health insurance and childcare costs. Net income is defined as gross income minus allowable deductions and includes any bonuses, benefits, etc.

Just a few of the types of Child Support cases are:

Allowable deductions include:

  • Federal, state, and local income tax deductions, adjusted for actual filing status and allowable dependents and income tax liabilities.
  • Federal insurance contributions or self-employment tax.
  • Mandatory union dues.
  • Mandatory retirement payments.
  • Health insurance payments, excluding payments for coverage of the minor child.
  • Court-ordered support for other children which is actually paid.
  • Spousal support paid pursuant to a court order from a previous marriage or the marriage before the court.

Additionally, courts may alter the child support order in order to consider the child’s best interest. These considerations include:

  • Extensive medical, psychological, educational or dental expenses of the child
  • Age of the child, older children have greater needs
  • Special needs of the child, for instance in the event of child’s disability
  • Seasonal variations in parental income
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Modifying support payments

Since child support payments are required until the minor child reaches the age of eighteen, or is legally emancipated, changes to support payments may be needed for a variety of financial reasons. The Law Office of Alba & Yochim P.A. encourages parents try to come to a mutual agreement should a need for modification arise. Official documentation submitted to the court, will deter unnecessary additional litigation costs. If an agreement cannot be made, the contesting party must file pleadings requesting a modification. Generally speaking, courts are hesitant to grant a modification in payments unless there has been a substantial and material change in circumstances. An obligor may apply for a temporary or permanent modification depending on the cause of hardship or change.

Causes for temporary modification include:

  • Medical emergency of child
  • Obligor’s temporary inability to pay due to illness or a temporary additional financial burden
  • Temporary financial or medical hardship on the part of the obligee

Causes for permanent modification include:

  • Loss of a job or significant changes in income due to a new job
  • Either parent becomes disabled
  • If the result of either parent remarrying results in a significant increase in household income
  • Increase in cost of living
  • Child’s needs change significantly

Collecting Child Support

Following the completion of the child support order, clients often encounter problems with collection and disbursement of funds. Disagreements between parents, resentment and parental distancing may affect the payment schedule. Ultimately, child support is for the benefit and fulfillment of the child’s needs and the lack of payment will only create a more stressful environment. In order to prevent or expedite this situation, clients have a number of government enforceable options, such as:

  • suspension of a driver’s license
  • wage garnishment
  • tax refund garnishment
  • seizure of assets
  • payment through the State Disbursement Unit

Proficient in all aspects of child support establishment, modification and collection, the Law Office of Alba & Yochim P.A. is available to guide you through each aspect of your case. Our child support attorney strives to keep his clients informed of the rights their child has for support.