In Florida, visitation and custody are now both called Timesharing. This law change occurred in 2008. Under this law, time with your child is guaranteed under Florida statutes. Parents are required to submit Parenting Plans with their desired schedule. Those schedules can be adopted by the judge or they can be imposed by the judge when the parties cannot agree. As overnight timesharing with the minor child can impact child support, by lowering the child support number under some situations, it is recommended that the issue of timesharing be dealt with prior to dealing with child support.
For involved dads who can commit to regular overnight timesharing with their children, child support can be lowered by a formula that uses the percentage of overnights to the father’s benefit. The policy is that fathers who spend a significant amount of time with their children bear expenses on behalf of the children during that time.
DADvocacy offers a one-time free, initial, no obligation consultation in our office. During that meeting, the child support formula is calculated considering overnights. This way, you can be certain that the numbers show a benefit before you hire us.
It is important to remember that even if you miss child support payment, your right of visitation is unaffected, as both child support and visitation are separate rights that belong to the CHILD.