Family Law Article
Why Do I Have to Pay So Much In Child Support?
by Jose A. Rodriguez, Esq.
One of the biggest concerns that people always have when there are children involved in paternity or divorce matter is: How much am I going to receive or how much do I have to pay in child support? Let me premise this article by saying that there are several factors that come into consideration when calculating child support; everyone’s situation is different.
How is child support calculated here in the State of Florida? Child Support is calculated based upon a mathematical formula, which can be done using the Florida Child Support Guidelines Worksheet. There is a table in which the State of Florida has established a monthly financial responsibility of the parties, which is based upon the parties’ combined net income and the number of children they have in common.
There are several other different factors that are taken into consideration when calculating child support:
(1) Income of the parties;
(2) Primary Residence of the minor children;
(3) Number of overnight visitations each parent has with the minor child;
(4) Health Insurance expenses for the minor child;
(5) Daycare, Before or After-School Care for the child; and
(6) If there are any constant non-covered health insurance expenses for the
minor child.
Primary residence of the child is an important factor because it establishes that the person who is the non-residential parent is usually the person who has to pay the child support. I say usually because the next factor, number of overnight visitations, can really make a difference in effecting your child support amount. Here in the state of Florida, if a person has a child for at least forty (40%) of overnights throughout the calendar year, then that is called substantial contact. Based upon substantial contact, you may be able to receive a reduction in your child support obligation if you are the non-residential parent.
Health insurance expenses for the minor child are based upon the parent who
is able to reasonably afford health insurance coverage for the minor child,
either through their employer or through a private plan. This expense shall
be the responsibility of the parents based upon their percentage of the child
support obligation, but the person paying for this expense is able to receive
a credit towards their child support for payment of the child’s health
insurance coverage. The parties usually split non-covered health insurance expenses
equally, unless there is a constant occurring expense due to a child’s
illness or condition.
Daycare (before school and after school expenses) is also calculated into the
child support guidelines. The Court does not allow the entire expense to be
calculated into the guidelines, they only allow 75% of the actual amount paid,
and then the parties shall be responsible for the payment of child support based
upon their percentage of their child support obligation.
Remember child support for you is not going to be the same amount that your
neighbor is paying from down the street. The best way for you to make sure that
you are paying an appropriate amount of child support is to have an experienced
attorney assist you.
Written by Jose A. Rodriguez, Esq. of Longwell & Gentle P.A.; for more
information, please contact our office at 407-426-5757