Florida Child Support in a Divorce—No Child Support is NOT an Option

 

From time to time, I still get the occasional person who wants a divorce but does not want to pay or receive child support for children of the marriage.

The basic thing to remember when it comes to Florida child support in a divorce is this: if there are children in a marriage, then the court will establish an obligation of support for either parent.  There is no getting around this fact.

This means that:

  • both parents will have to file financial affidavits—no exceptions.  Parents may also have to provide proof of income, depending on whether there is any question as to how much a parent actually earns on an annual basis.
  • child support will be computed pursuant to the Florida Child Support Guidelines.  These Guidelines take into consideration not only the income of the parents, but also how much time the children will spend with each parent.
  • a provision will be included in the final judgment of divorce indicating the amount of child support to be paid and by which parent; or, it may be part of the parties’ marital settlement agreement, which is incorporated into the final judgment.

Whether the parent who is entitled to receive the child support will enforce payment is another question altogether.

Once the child support obligation has been established, it may be modified by either parent in the future if there has been a change in circumstances since the obligation was established.

© 2011 Vivian Rodriguez

 

Vivian Rodriguez is a divorce and paternity attorney in Florida. For articles about Florida family law visit, Articles about Florida Divorce & Paternity.

 

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