Effect of Custody and Child Support
After a split or separation, parties are often required to face a new normal, one of which involves living in separate places and getting accustomed to sharing custody ("time-sharing") with the other parent. Typically, unless the parents reach an agreement as it relates to time-sharing, the court will decide how the time will be divided between the parents after considering what is in the bests interests of the child. Time-sharing determination has a variety of consequences that parents may not be aware of at the time an order is issued. Child support is one area that may be impacted by the number of overnights shared between the parents. To determine how time-sharing and child support may affect you or your loved one, contact an experienced family lawyer today.
Entitlement to Support
Both parents must support children born as a result of an intimate relationship. Typically, the party who retains primary custody will be entitled to support. This entitlement will continue until the child reaches the age of majority. However, in limited circumstances, a support obligation may extend past the age of 18. These circumstances may include continued support as a result of an agreement by the parties or particular conditions, such as disabilities, that require constant support.
Modification of Support
Either party can petition a court for modification of a child support order. The judge will look at the facts and circumstances of each case to determine whether a modification claim has merit. For a court to modify a support agreement, the judge must find that a modification is in the bests interests of the child and that there is a substantial change in circumstances or the child is no longer eligible to receive support. If the judge finds that the modification is warranted and unanticipated, the court may modify the monthly obligation in an upward or downward fashion and may change the terms of payment.
Termination of Support
Support will end when a child reaches the age of majority. However, Florida law also permits a support obligation to terminate in the following circumstances:
- The child is emancipated;
- The child joins the armed services;
- The child at issue enters into a valid marriage;
- The child has passed away.
When a child support obligation terminates, the court is required to indicate the month, date, and year the termination takes effect. However, the termination of a support order does not affect prior support obligations. Termination proceedings have a significant impact on the livelihood of you and your loved ones. Let an experienced attorney review your claim to determine whether a termination is warranted in your particular case.
SPEAK WITH ME TODAY
Determining time-sharing and child support is too important to leave to chance. As an experienced family lawyer, I have represented numerous clients facing issues involving child custody and child support. Contact me today to schedule your in-depth one-hour consultation.