Has your child turned 18? Perhaps your visitation rights are being withheld by the mother. Possibly the opposite is true – your child is no longer staying with the mother but is with you the majority of the time. If your situation has changed in any of these ways, then you should meet with a qualified child support lawyer in Miami to see if it is possible to modify your child support payments.
Protecting Your Rights
If the mother of your child is not allowing you the proper amount of visitation time with your child, you may feel justified in decreasing or even stopping your child support payments. However, child support can only legally be stopped by a judge’s order. Even if you feel your situation has become unfair, you should continue to make your child support payments.
If your visitation time is being curtailed, you can file a motion for contempt with the court. Visitation with the child cannot be altered or withheld by either party without a judge’s order. Timesharing rights also belong to the child. The judge is more likely to grant an order in your favor if you are complying with all of the judge’s previous orders by continuing to make the support payments. A qualified family law attorney in Miami can assist you in filing this motion and fighting for your time-sharing rights.
Your Child is No Longer Living with the Mother
The purpose of child support payments is to provide for the needs of the child so child support is also a right that belongs to the child. When the amount of time your child is spending with you greatly increases, it could affect the amount of child support that you need to pay. This is especially true if the child no longer resides with the mother. Regardless of the reason, when this occurs, it may be time to file a motion for modification of support with the court. Florida law uses a method to calculate child-support based upon the gross income of the parents when each parent has 20% or more of the time with the child. Florida statute 61.14 deals with the enforcement and modification of child support.
Your Child Is Now an Adult
Your child is considered to be legally emancipated upon turning 18 and graduating from high school. Generally, this means that child support payments end. However, things can get more complicated if your income is being garnished by the Florida Department of Revenue. In the majority of cases, when the 18-year-old graduates from high school, the Department of Revenue will automatically stop making deductions from your wages. In those cases where the Department of Revenue does not discontinue garnishing wages, a child support attorney in Miami will be needed.
Florida Child Support Worksheet and Guidelines http://floridarevenue.com/dor/childsupport/pdf/poz8.pdf