William “Bill” Lazarchick’s knowledge and experience in the fields of divorce and child support have allowed him to assist countless families through the emotionally charged process of determining and modifying child support payments. Mr. Lazarchick understands that child support can be a sensitive issue. At the Law Office of William N. Lazarchick, Jr., P.A. we provide dedicated and thoughtful advocacy to help you obtain the financial support that your child deserves.
Establishing Child Support
If you are currently going through a Divorce or Paternity Determination, the awarding of child support is an integral part of these processes. Under Florida law, both parents are required to provide support for their children. Child Support is addressed in Florida Statute Chapter 61.30 (View Statute Here). Child support ensures that a child’s basic needs are met and to allows the child to benefit from the monetary resources of the parent. Child support is the right of the child, not the parents, and cannot be negotiated.
In Florida, any parent who resides the state may petition the Florida courts for child support, or request support during a divorce or paternity case. The amount of child support to be received is based on child support guidelines provided within the Florida statutes. These guidelines consider numerous factors in calculating child support, including:
- Number of children
- Combined net monthly income of the parents
- Cost of daycare
- Health insurance requirements for the child
- Number of nights each parent spends with the child based on the parenting plan
Speak to the Law Office of William N. Lazarchick, Jr., Esq. to receive an accurate calculation of a potential monthly child support obligation.
Where it is reasonably possible, a Florida court will require parents to provide medical and dental insurance for their children. Additionally, life insurance may be required in an amount commensurate to the amount of child support owed.
If a parent is voluntarily unemployed or underemployed, Florida courts may choose whether to impute income to the parent based on recent work history and prevailing earning levels. They may decline to do so where it appears necessary for the parent to stay home with the child.
Modification
The Law Office of William N. Lazarchick, Jr., P.A. can assist with modifying your Final Judgment of Dissolution of Marriage. A divorce or paternity judgment reflects the needs of the parties involved at the time the Final Judgment was entered. However, Florida courts and Florida Statutes have addressed how your family’s needs change with time. If your circumstances have changed significantly since your divorce, you may be able to obtain a modification of your child support, alimony or time-sharing order.
Parents can seek a modification of a prior child support award/obligation based on a showing of a substantial, permanent, and unanticipated change in circumstances. This can include:
- Loss of a job,
- Termination of daycare or childcare,
- Disability, and/or
- Substantial increase or decrease in income.
A request for modification of child support should be filed with the court immediately if any of these circumstances arise
At William N. Lazarchick, Jr., P.A., located in Palm Beach County, Florida understands that your needs change. We are committed to helping you pursue or resist a modification to a family law order. To discuss your legal concerns with our knowledgeable attorney, call us at (561) 727-3625 today.
Prior divorce settlements may now be outdated or impossible to follow due to circumstances out of your control. By way of example, if your income changed drastically, the child support payments you are making may no longer be feasible. As your children’s needs change, you may not be able to see them as often as you would like. When there has been a material, unanticipated change in circumstances, you may be able to obtain a modification of:
- Child Support: If you lost your job or your income decreased significantly, you may be able to modify your child support agreement.
- Time-Sharing: Sometimes, changes in your children’s schedules may make an existing custody schedule hard to maintain. In other cases, the other parent may not be meeting his or her time-sharing obligations. All changes to time sharing must be made in the child’s best interests.
- Parental Relocation: Parents must either agree on the relocation or obtain a modification from the court before moving the child. The courts consider the best interest of the child when making decisions about parental relocation. When determining whether the move is in the child’s best interests, the courts will examine the child’s age, relationship with each parent, reasons for the move and the potential impact the move will have on the child’s development.
- Alimony: If you have had a loss of income or your former spouse is in a financially supportive relationship or has remarried, you may be entitled to a modification of your prior alimony award.
Enforcing A Child Support Award
When a parent fails to make required child support payments, there are several options available for enforcement of a child support award. A court may:
- Hold the parent in contempt,
- Suspend the parent’s driver’s license,
- Place a lien on the parent’s property.
- Involve the Florida Department of Revenue to take action by seizing the parent’s bank account.
Additionally, when timely child support payments are not made, the court may make a judgment that allows interest to accrue on overdue payments. Child support payments are also enforceable at any time, even after a child reaches 18, because there is no statute of limitations on enforcement.
If you have not received child support payments that your children are entitled to, or believe that you may have difficulty making a child support payment, you should talk to William “Bill” N. Lazarchick, Jr., to determine what options are available to you.