For parents going through a divorce, child support can be one of the most contentious and complicated issues. In Florida, child support can be regulated through a voluntary agreement or through a state agency. As explained by the Florida Department of Treasury, the Child Support Program automatically sends a withholding notice to the noncustodial parent’s employer.
When this is done, the funds can be withdrawn directly from the noncustodial parent’s paycheck and then rerouted to the parent who is owed child support. Below, our Clearwater child support attorney provides a more comprehensive overview of Florida child support enforcement laws.
Are there upper limits for child support?
There is no real upper limit to a person’s monthly maintenance obligation. However, the legal formula for calculating child support means that the child support obligation must never exceed a person’s ability to pay. The court reviews a child’s standard of living before the divorce and sets the calculation so that the child will enjoy the same or similar standard of living after the divorce. In addition, the court works to ensure that the payments are proportionate to the income level of the paying parent. The ability of the parents to pay is a key factor in calculating child support.
To begin the calculation, the monthly gross for both parents is calculated, which includes things like salary, bonuses, interest earned, dividends received, disability benefits, unemployment benefits, and alimony, among other sources of income. Some things, like income tax, are deducted from your gross monthly income. The child support policy then assesses how many nights the child will spend with each parent according to the established parenting plan. Health insurance costs and out-of-pocket medical expenses are covered along with childcare costs such as e.g. day care or after-school care, are included in the calculation of child support.
The amount of retrospective child support
The amount of child support is paid primarily based on the Florida Child Support Guidelines. This can be very difficult in retrospective child support cases, as the parents’ income can fluctuate during the period when child support should have been paid. For example, if the parents’ income varies weekly, the court may need to make individual determinations for each week during the 24 months.
As a rule, subsequent maintenance is credited to the future monthly child maintenance. All payments made by the parent for the benefit of the child during the lookback period can be taken into account. In addition, the court should consider allowing a timely payment schedule for the full amount of retrospective maintenance.
What happens to a living trust in a divorce?
If you have not yet changed your trust to reflect another beneficiary in your estate, then your ex-spouse during your divorce, then you must revoke or change your trust immediately. A court will void any inheritance to your spouse in your trust and will likely void your entire trust. This affects the other beneficiaries to whom you left assets. Often you can make a trust change to change the beneficiary designations and/or the amounts listed in your trust rather than creating a new trust. If changes are required, your solicitor will recommend revoking your old trust and executing a new one.
When it comes to wills and divorce in your estate plan, Florida law means your ex-spouse gets nothing if you don’t change your will after the divorce. This can provide great protection for your assets; However, if your ex-spouse is listed in your last will, Florida law considers the entire will invalid. This may result in your other beneficiaries you list going empty handed, or the court finding you died intestate after the divorce and distributing assets under Florida law.