However, there is no legal requirement as to how you pay family allowances as long as they are paid. I find it useful to imagine child benefits or a two-part family allowance price. There is the basic maintenance obligation for children, which is intended to cover expenses such as food, shelter and clothing for the child. Basic family allowances are usually paid from one parent to another to support the child in the beneficiary`s home. Then there are the “top-up” categories of the Child Support Award, which include child care, health care and education expenses. These additional expenses are often paid to third parties such as a doctor, babysitter or guardian. You`ll likely have a basic child support obligation, and I`ll cover this topic in more detail in my second and third articles in this series. What happens to the add-on categories is also predictable, but it will vary more depending on your family`s particular situation. I will explain what to expect in my third, fourth and fifth articles in this series. Family allowances are a court-ordered obligation of financial support for the care, maintenance, education and training of a child.
See Florida Child Support Law 39.01. Child support is the responsibility of each parent, whether both parents are married, divorced or single. Under Florida`s Child Support Act, parents cannot waive their support obligations. See Finn v. Finn. The parents of a minor child have a legal and moral duty to support and support their child. The most common rule is shared custody, where the non-custodial parent has the children for at least 90 days a year. For example, if a parent has noticed an increase or decrease in income, the support can be changed. In general, there must be a change in income of at least 10% to be considered a significant change. Keep in mind that even if you`ve had a drop in income, it doesn`t automatically mean that support payments will decrease. For example, the counterparty may also have experienced a drop in income, and this decline may be greater. Therefore, it is recommended to discuss all the facts of the case with a lawyer before requesting a change.
A thorough review will likely be required to develop an effective plan to reduce child support. Remember that a judge`s final decision is based on the amount that provides the child with the best quality of life, up to a reasonable amount that the non-custodial parent must pay. It`s legal, feasible, and can give you a little more freedom to tailor the amount and type of support to your family`s individual needs. Under Florida law, when a parent is voluntarily unemployed or underemployed, the court writes down the income. Income should be based on the parent`s employment potential and expected earning capacity. See Florida Child Support Case Guard v. Guard. In credit cases, the court takes into account the parent`s employment history, qualifications and current income level in the municipality. If a parent feels that the amount owed is unfair, they have the right to ask the court to increase or decrease the child support order. If both parents make a decision themselves, the judge must review the agreement and include the amount in the parents` divorce decree, provided that it is still a reasonable amount for the child. In addition, non-payment of the aid may result in the suspension of the driver`s licence. See Florida Family Law 61.13016.
In addition, under Florida Law 61.13015, the payer`s professional license may also be suspended. However, the suspension may be suspended if it causes irreparable harm to the payer and does not contribute to the objective of recovering the payment. In addition, the court may refuse to suspend a licence if there is a bona fide attempt to make payments. More importantly, it`s usually both faster and cheaper than fighting in court over a child support agreement. If circumstances have changed significantly, child benefits may be changed. The judge will only deal with changes that occurred after the previous case. Problems that occurred before the first case are usually not taken into account for changes. This also applies if there are facts that have not been discussed in the previous case.
As a rule, judges are only interested in changes since the last order was issued. For example, you could negotiate a child support agreement in which a parent deposits a certain amount of money into an investment account or trust to pay for the child`s education. After entering into an agreement with the other parent and creating a provision that complies with these guidelines, you must both sign the document. If you do not have a lawyer, your signatures must be notarized. You can then submit the provision for review by the court. If you have set a hearing date, you can present the judge`s review and signature provision at the hearing, or you can go to the courthouse and ask to speak to a family law clerk for approval and signature. After receiving the judge`s signature, you must submit the original to the court clerk and send the other parent (or their lawyer, if applicable) a stamped copy of the order. Indeed, for a child support agreement to be valid in Kansas, it must comply with Kansas` child support guidelines and must be approved by a district judge.