Articles Tagged with child support

family law attorney in JacksonvilleChild support can be a difficult and emotional issue to navigate. The main purpose of child support is to ensure that the needs of children of divorced parents are being met. If you’re going through a divorce you may be confused about how child support figures are calculated, and it may be a major source of conflict between you and your former spouse.

Parents facing a divorce are often concerned about the amount they should expect to pay or the amount which they will receive. It’s important to know that each state has its own guidelines, and your family law attorney in Jacksonville can help you understand these.

Florida law uses an “Income Shares Model” for determining child support, which attempts to calculate how much would have been spent on raising the child if the parents were not divorcing. That amount is then divided between the parents based on their income. To determine this, an income affidavit must be filed by each parent listing their gross income. Gross income includes but is not limited to:

jail for unpaid debtIt is quite unusual to go to jail for an unpaid debt. Debtors’ prisons were abolished in the 19th century in the United States, and the Fair Debt Collection Practices Act prohibits debt collectors from threatening you with criminal prosecution.

In the state of Florida, you can’t be put in jail for failing to pay a debt or judgment. What can happen when you fail to pay a debt is that it will be reported to credit bureaus, and it will become part of your credit history for up to seven years. It is also possible that your property is seized and your wages may be garnished. But since debtors’ prisons were found to be unconstitutional and biased against people with lower incomes, you are not likely to face jail time over an unpaid debt.

However, you should be aware that there are certain situations that can lead to jail time in relation to an outstanding debt. These include:

refuses to pay child supportDealing with a former spouse who is not paying their court-ordered share of child support can be an unfortunate hassle. Left with this financial and emotional burden, you may feel like you’ve made every attempt to collect but just aren’t getting anywhere. You may even be at the point where you’re asking yourself, “is withholding visitation an option?”

The answer to that question is no. You cannot refuse visitation if your ex is not paying child support. While you may be able to have your ex-spouse’s visitation rights modified in court, withholding visitation rights is considered custodial interference. Child support and visitation rights are two separate issues that should not be confused.

  • Child support is determined in court, and must follow the guidelines of the Child Support Enforcement Act. These guidelines vary from state to state. The factors that are looked at include the child’s needs (health care, education, child care, etc.), the income and needs of the custodial parent, the paying parent’s income and the child’s standard of living before the divorce or separation.