Law Office of Steven R. Brenners

Will I Automatically Get Child Support If I Have Custody Of The Child?

No, child support will not be automatically provided. A more thorough response to this question would require additional information regarding the specific situation (e.g. the relationship status of the mother and father, current living arrangements, prior or current court proceedings). If one is to assume a scenario in which a child lives with their mother, the mother and father do not live together, and nobody has done anything in the court system, then the mother would be entitled to child support.

Child support can be started in a number of ways. For example, if the custodial parent is collecting any type of government assistance (e.g. welfare, Medicaid, food stamps, free preschool), the state government itself will go after the non-custodial parent and file some type of action to establish child support. If the custodial parent is receiving some type of government benefit, the government will go after the non-custodial parent for reimbursement and to determine if health insurance is available to the non-custodial parent. While this process does not occur automatically, it is carried out by the state with no further effort on behalf of the custodial parent. If the custodial parent is not receiving any benefits, then that party can go to the state of Florida and ask for assistance to establish child support. If the parents are married, then the custodial spouse may file a petition for dissolution of marriage, and child support could be established then. If, on the other hand, the parties are not married, then the custodial parent can file a separate motion for child support and ask the court to establish paternity at the same time.

How Is The Amount Of Child Support Determined In Florida?

In the state of Florida, that’s very simply a mathematic computation. In order to determine the amount of child support, we look at the net income after taxes, the net after tax income of both parties, take that amount, besides looking at the amount of incomes in order to calculate child support, we look at any medical expenses, basically medical insurance for the child and we look at any daycare or after school summer camp expenses that’s necessary for the child. Those are all computed into a formula, which is propounded by the statute and adds the number of overnights each parent has with the children.

You look at the net after tax incomes of the parties, look at the number of overnights each party has and the additional mandatory expenses of the child, plus the medical insurance and daycare to calculation according to the statute and the number’s right there.

When Does Child Support Generally Begin? Can It Legally Begin Following Separation?

If the term ‘separation’ is meant to define a situation in which both parents are still legally married but no longer living together, and neither party has filed for a divorce action, then yes, an independent action for child support may be filed. If the custodial parent is receiving benefits from the state, the state will file the child support action independent of any divorce action filed.

For more information on Child Support In Relation To Custody, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (954) 755-0126 today.

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Phone: (954) 755-0126
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