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Frequently Asked Questions about Child Support

Q: How is child support determined?

A: Each state has child support guidelines in place that are used as the foundation for determining the amount of child support owed. While guidelines vary from state to state, courts setting child support orders will generally follow the amount suggested by the guidelines unless a reason to depart from them exists. Most guidelines factor in at least some of the following:

The needs of the child
The relative abilities of the parents to pay support
The standard of living the child would have had but for the divorce.

Q: Can I get child support if I never married my child's father?

A: Yes. Both of a child's biological parents owe that child a duty of financial support. You can work with an experienced family law attorney and/or your state's Child Support Enforcement office to obtain a support order. Don't be surprised if the person you name as the father initially contests paternity and asks for a DNA test. Once paternity has been established a support order may be entered.

25% of children in America live in single-parent households.

Custodial mothers are 2.5 times more likely to live below federal poverty guidelines than custodial fathers.

Legal Information About Florida Child Support

Florida, like many states, has well-defined child support calculation guidelines. The amount of child support is calculated based on the earning ability of each parent and the amount of custodial or visitation time each parent has. Knowledgeable family law attorneys can conduct a thorough investigation into your ex-spouse's finances, to make sure the court has a full and honest picture when it makes its calculations.

Unmarried parents with primary custody of children born out of wedlock may also seek child support under Florida law. To do so requires filing a case called a paternity action.

The divorce and family law attorneys at the South Florida family law firm of Carman & Smith offer consultations to discuss any type of family law conflict, including child support, child custody, child relocation or divorce. Contact our offices to schedule an appointment.

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Child Support - An Overview

There are more than 13 million divorced parents in America with children under the age of 21. Typically, one of the parents has physical custody and relies on child support paid by the other parent. Statistics show that when all child support is paid as agreed in the divorce decree, both parents remain involved with their children and the children usually have an acceptable standard of living. Conversely, when child support is not paid custodial parents and their children are at risk for financial turmoil. Unfortunately, a disproportionate number of divorced single parents and their children do not receive child support and live below established poverty levels.

Who Pays for College?

The ever-increasing cost of a college education could be added to death and taxes as one of life's certainties. Whether you are paying or receiving child support, one question that might not yet be resolved is which one of you will be required to pay for your child's college education. This question and others like it can be answered in detail by an experienced family law attorney.

Deadbeat Dads and Moms

The nation has turned its attention to the issue of unpaid child support. Every state has a child support enforcement agency or office. Those state agencies are supported by the federal Office of Child Support Enforcement (OCSE). The OCSE helps administer federal child support legislation and provides tools and funding to the various state enforcement agencies.

Not Mine: DNA, Divorce and the Disestablishment of Paternity

In the past, suspicion about the paternity of children born during the course of a marriage remained just that, a suspicion. There was no concrete way to answer any lingering doubts. However, since the advent of relatively inexpensive DNA testing, doubts about paternity can be resolved easily and conclusively. The widespread availability of these tests has created a whole new set of problems for families and courts trying to set fair child support orders. Courts and legislators must now sort out who is and isn't biologically related to the children before assigning ongoing financial child support responsibilities. Making the decision to test for paternity raises difficult questions about timeliness, fraud, morality and the best interests of children and society. So far, there is not a clear answer to these questions.

Child Support and Taxes

Taxes can be reduced by allowed deductions and exemptions. Deductions reduce the amount of taxable income, and exemptions reduce the adjusted gross income, such as standard withholding or dependency exemptions. If you pay child support or receive it, the Internal Revenue Service (IRS) has a strict set of rules in place to control the deductions and exemptions that you are allowed because of the payment or receipt of child support. Often, the terms of your divorce decree and related agreements will control the extent to which any tax offsets are available. For that reason, it is very important to consult an experienced family law attorney regarding the long term tax implications of the child support arrangements reached in your case.

Child Support Resource Links

Federal Office of Child Support Enforcement
The Child Support Enforcement Program is a joint federal, state and local partnership to ensure that parents provide support to their children.

American Bar Association Child Support Guidelines Report
Tables at this site summarize the current child support laws in all 50 states

National Conference of State Legislators (NCSL) -Child Support Updates
NCSL is a bi-bipartisan organization that tracks legislative issues, including child support, throughout all 50 states. Child support updates contain comprehensive information on current trends in the states regarding child support and related issues.

Child Support Information Page