Childrearing can be one of the most rewarding experiences in life, but it also can be expensive. Parents whose children live with them at different times are legally required to help each other out financially by paying child support. The amount of money paid varies by state and is determined by what each parent earns, how much time the child spends with each parent, and other factors. Contrary to popular stereotypes, the gender of the parent does not impact who pays or receives child support.
The court decides how much money is owed by using a specific formula. Each state’s formula is slightly different, but they all adhere to federal regulations. The basic child support obligation covers a portion of each parent’s share of food, clothing, shelter, and other essential living expenses. Mandatory add-on expenses include unreimbursed health care expenses and a proportional share of child care costs, if applicable.
A judge will not deviate from a particular child support calculation, unless it is in the best interest of the child. It is important to provide the judge with accurate income information to ensure an appropriate child support order. This can be done by submitting an Income and Expense Declaration.
Some parents mistakenly believe that they are being creative by using gift cards or making other “payments” in lieu of paying child support. Unfortunately, the court does not credit these forms of payment. In fact, some states consider these types of payments to be a violation of child support law. Moreover, the court may penalize the parent for not paying child support by filing a contempt of court complaint against them.
Generally, courts take the issue of failure to pay child support very seriously. If a person is found to be in contempt of court, the penalties may include fines, community service, license suspension, or even jail time. To be found in contempt, a person must have actual knowledge of the court’s order and purposefully choose not to comply with it.
A court’s power to enforce a child support order includes the authority to attach wages, seize property, deny a driver’s license, and apply tax refunds to cover a debt. In addition, a parent may be sentenced to jail if the court finds that the violation is willful and cannot be corrected.
If you have questions about child support laws, contact an experienced Miami family and divorce law attorney. A lawyer can explain the guidelines and help you determine how they will affect your situation. An attorney can also assist with the filing of a petition for support and with enforcement actions if necessary. A lawyer can also review the circumstances of your case if you or your former partner has a change in circumstance. If the change is significant enough, a court can modify the statutory child support amount. For more information about this topic, please see our article about Child Support Laws: A Comprehensive Guide for Parents. To find a Miami child support attorney near you, please visit our directory of child support lawyers in Miami.