Can a parent waive child support?
Under Florida law, a parent cannot waive child support. Technically, child support is owed to the child and the parent does not have the ability to waive it. Further, judges may not complete a custody or divorce case unless child support is addressed.
How do I get child support if the other parent hides income?
If a parent is hiding income, the court can impute a salary on that parent. The court can also impute income if a parent is unemployed or underemployed. If proven, the parent will be obligated to pay support based on the imputed salary.
How to get child support when a parent is unemployed
The court can impute income if a parent is unemployed or underemployed. If proven, the parent will be obligated to pay support based on the imputed salary. In imputation cases, the court will consider the parent’s work history, qualifications, and prevailing income level in the community.
Can I collect back-owed child support?
Yes, Florida law allows a parent to seek retroactive child support for up to 24 months. Prior to the enactment of the retroactive child support law, back child support for paternity cases was not limited to 24 months and could go as far back as to the birth of the child.
What if the other parent is not paying child support?
If the other parent has stopped paying support without court approval you may have grounds to file a motion for contempt. If the motion is granted, the court will require the support to be paid. Additionally, they can impose penalties against the party who failed to pay.
When does child support stop?
Normally, child support ends when the child turns 18. However, the support can be extended until the child turns 19, if the child is still in high school. Additionally, if there are special needs for the child, support may be extended past 19 years of age.
How do I start child support?
A petition to establish child support can be filed in court to establish child support. The amount of support will be based on Florida’s Child Support Guidelines. You are not required to hire an attorney, but it is recommended to obtain an attorney.
How do I get custody rights if I pay child support?
Paying child support does not necessarily also include child custody rights. If the other parent is withholding custody, you may need to file a petition to establish parenting plan. When deciding custody, the judge will review all the details of the case and award custody based on what is in the child’s best interest.
