MIAMI BEACH Child Support Attorney
Under Florida family law, the noncustodial parent must pay child support to fully provide for all the child’s needs. If you are dealing with any MIAMI BEACH child support issues, Miami Divorce Attorneys has expert lawyers who can help you settle all your legal concerns efficiently.
Whether you want to request, modify, or enforce a child support arrangement, your goal will be easier to achieve with our proactive legal service. We have in-depth knowledge and extensive experience in dealing with Florida family law, allowing us to utilize efficient legal solutions to give you the most favorable results. Whether you’re requesting or paying child support, rest assured that we’ll ensure a fair agreement that best benefits your child(ren).
If you choose to work with us, our family law attorney will compellingly present your case. We’ll represent you during mediations and hearings and ensure all the necessary factors are carefully considered. We’ll even take care of all required paperwork so the entire legal process won’t be too much of a burden to you.
Call Miami Divorce Attorneys today at (786) 321-9064 for your Consultation with a MIAMI BEACH Child Support lawyer!
Child Support Calculation
As per Florida family law, there is a uniform way of calculating the amount that should be paid as child support. The overall amount will depend on each parent’s net income and time spent with the child. This means that if you’re required to pay child support, the amount will be higher if you have a higher net income. It will also be higher if you spend less time with your child.
If you want to have a clearer idea of how to calculate MIAMI BEACH child support, contact our lawyers at Miami Divorce Attorneys right away. We’d love to be your legal counsel as you try and give your child the quality of life they deserve.
To give you a bit of an idea in the meantime, the following are some of the considerations that the judge will evaluate to determine the suitable child support amount:
- The number of children in need and eligible for child support
- The monthly net income of each parent
- Childcare costs that each parent shoulders
- Health insurance payments spent by each parent
- Dental/Vision insurance payments spent by each parent
- Other support obligation imposed by the court that each parent is paying
Remember, even if you somehow agreed with the other parent during the negotiation, you will still need the court’s approval to make it legal. It’s worth noting that in the judge’s eyes, the most important factor is your child’s welfare. The final child support agreement will always have terms appropriate for the parent’s ability to pay and provide for the child’s needs in the best achievable way.
Child Support Enforcement
Sometimes, the noncustodial or paying parent will intentionally avoid their MIAMI BEACH child support responsibilities.
When this happens to you, our lawyers can come to your aid and help file an enforcement action in court. We will help you ensure that the paying parent will follow the child support order issued by the judge and that your child will be well-supported for as long as necessary.
You can also find comfort in the fact that Florida has very strict rules to ensure that paying parents adhere to the child support agreements. If it’s already 15 days after the support payment is due, the Clerk’s Office will send out a Notice of Delinquency to the noncustodial parent. The Florida Department of Revenue (DOR) is the primary public agency responsible for facilitating child support enforcement activities.
Motion for Civil Contempt
You can file a Motion for Civil Contempt if the paying parent violates the child support order. This is a written request filed in court, stating that a noncustodial parent violated a valid child support order by failing to pay on time, in full, or at all.
Our child support lawyers can file this on your behalf. We’ll prove that the other parent is in contempt of the child support agreement by providing evidence for the following circumstances:
- There is an established valid child support order that is approved and signed by a judge.
- The noncustodial parent failed to follow the terms indicated in the child support order.
- The noncustodial parent didn’t pay the child support despite being able to do so.
After filing the motion, you and the other parent will be required to appear in a court hearing. If the judge determines that the paying parent is indeed in contempt, the court will issue an order stating the terms of how they will pay the overdue amount. Other penalties, such as fines or jail time, will also be specified.
Court Orders for Child Support Enforcement
There are various ways that a judge can impose upon issuing a child support enforcement order. Depending on the specific situation, the following can be ordered by the court in order to collect overdue and future child support payments:
- Establish a payment plan for the noncustodial parent to follow.
- Withhold income from the noncustodial parent’s paychecks.
- Intercept state and federal tax refunds if the total owed amount is at least $500
- Intercept lottery winnings that are more than $600
- Directly take money from the noncustodial parent’s financial accounts if $600 or 4 months’ worth of child support is owed.
- Place liens and force the sale of vehicles if the owed amount is $600 or more.
- Place liens and order the sale of real estate properties and other personal properties
- Seize and sell the noncustodial parent’s abandoned or unclaimed property.
- Intercept worker’s compensation fund owed to the noncustodial parent.
- Incarcerate the noncustodial parent for up to a year or until the overdue child support is paid.
- Order the noncustodial parent to reimburse the custodial parent’s expenses related to filing the contempt motion, including attorney’s fees, witness costs, and travel expenses.
Florida Child Support Enforcement (CSE) Services
CSE services, moreover, can help you in the following ways:
- Financial Institution Date Match program – CSE will ensure that the noncustodial parent is not hiding any funds that could be used for child support. They will check their financial records, including their bank and money market accounts.
- Driving privilege revocation – If the noncustodial parent fails to pay the overdue child support or agrees to a payment plan, the Department of Motor Vehicles can suspend their driver’s license and car registrations.
- Professional license and certificate suspension – If the noncustodial parent still hasn’t paid the overdue amount nor agreed to a payment plan, their professional, occupational, and recreational licenses can be suspended.
Child Support Modification
Child support orders in Florida can always be modified if there are significant changes in the parent’s situations. However, only modifications that result in at least $50 or 15% can always be accommodated.
If you find that the original child support order is no longer suitable for the current circumstances, allow our MIAMI BEACH child support lawyers to help you file a petition for modification. We will prove the reasonable changes in your or the other parent’s situation that warrant a change in the original terms. These changes include:
- Decrease or loss of income of the noncustodial or paying parent
- Increase in income of the custodial or receiving parent.
- Other child support obligations for children from other marriages/relationships ordered by the court from the noncustodial parent
- Changes in payroll taxes of the parent
- Increase or decrease in the child’s health insurance payments.
- Increase or decrease in either parent’s health insurance payments
- Increase in the cost of living.
- Medical emergencies of the child or either parent, resulting in loss of income or capacity to take care of the child
Rest assured, no matter what specific change has occurred in your case, Miami Divorce Attorneys can help you achieve a fair and beneficial modification for your child.
Talk to Our Legal Experts Today
For your child’s sake, having an appropriate child support agreement should be done efficiently. This means that acquiring legal services from expert lawyers such as those at Miami Divorce Attorneys is vital in obtaining favorable results.
If you want to ensure that financial capacities are properly evaluated and your child’s needs are carefully considered, allow our lawyers to present your case. With our MIAMI BEACH, FL law firm, you can ensure that the final terms of the child support order are appropriate for each parent’s income and best suited for your child’s welfare.
Call Miami Divorce Attorneys today at (786) 321-9064 for your Consultation with a MIAMI BEACH Child Support lawyer!