Child Support

Question 1

Child Support generally

Answer 1

Both parents share equally a duty to support their children, but certain circumstances may cast a greater burden on one parent. The award of child support is based on net income and ability to pay. Florida follows statutory child support guidelines that the judge may deviate from up to 5% up or down. If the judge departs more than 5%, it must give the reasons on the record. Child support cannot be waived.

Question 2

Factors justifying deviation

Answer 2

1. Special needs of child
2. Seasonal variation in income
3. Child’s age
4. Special shared parental agreement
5. Assets of parent and child
6. IRS dependency exemption

Question 3

Uniform Interstate Family Support Act (UIFSA)

Answer 3

All subsequent states must defer to first child support order entered as long as either parent or child continues to live in that forum. The original state has continuing exclusive jurisdiction.

Question 4

Factors justifying child support modification

Answer 4

1. Financial ability
2. Needs of the parties and children
3. Compliance with child support guidelines
4. Medical insurance