As parents, providing for your children has always been a top priority. That should not change simply because you are going through a divorce or separation. What it does mean, however, is that you need experienced legal guidance to accurately determine what your children’s needs are and to advocate for child support obligations that are fair and, whenever possible, advantageous to you.
At Jenkinson Legal, we understand that there is no one-size-fits-all approach to a sensitive family dispute, especially when children are involved. We know from experience that a thoughtful, client-focused strategy produces better outcomes for individual clients and entire families than simply fighting for the sake of fighting. Our value comes in understanding each client’s priorities, identifying the needs of the children, and developing the best strategy under the circumstances.
Whether you are establishing support for the first time, seeking to enforce an existing order, or need to modify a prior obligation, Jenkinson Legal is here to provide personalized, one-on-one attention to your legal needs so you can concentrate on your life and your family.
We serve clients throughout Central Florida, including Orange, Seminole, Osceola, Lake, Polk, Volusia, and Brevard counties. Call us today at (321) 837-9547 for a FREE initial consultation.
Both Parents Have a Legal Obligation to Support Their Children
It is important to keep in mind, as a general principle, that both parents have a legal obligation to provide financially for their children. Florida courts apply child support guidelines pursuant to Florida Statute § 61.30 to determine the appropriate amount of support and which parent will make payments to the other. These guidelines are designed to ensure that children receive the same proportion of parental income that they would have enjoyed if the family had remained intact.
Child support can be established through a divorce action, a paternity action between unmarried parents, or as a standalone proceeding. In all cases, the guidelines provide a structured, formula-based approach intended to produce consistent and equitable outcomes. Understanding how that formula works and how to present your financial circumstances most accurately and favorably is where having an experienced attorney by your side makes a critical difference.
How Florida Calculates Child Support
Florida uses an Income Shares Model to calculate child support. The process begins with determining each parent’s net monthly income, then combining those figures and applying them to a statutory schedule to produce a base support obligation. Each parent’s share of that obligation is then calculated proportionally based on their respective contributions to the combined income total.
What Goes Into the Calculation
The guidelines under Florida Statute § 61.30 take into account several key factors, including:
- The net income of both parents. Gross income is broadly defined and includes wages, salaries, bonuses, commissions, self-employment income, rental income, retirement and pension payments, disability benefits, and many other sources. From gross income, a limited set of allowable deductions is subtracted to arrive at each parent’s net monthly income.
- The standard needs of the child or children, based on the combined net income and the number of children involved, as set forth in the statutory guidelines schedule.
- Health insurance costs for the child, which are added to the base obligation and divided between the parents proportionally.
- Childcare costs, including daycare and after-school care expenses necessary for a parent to work or attend school, which are similarly added and divided proportionally.
- The number of overnight stays each parent has with the child each year. When a parent has at least 73 overnights per year, an adjusted calculation method is used that accounts for both parents maintaining a household for the child. This can significantly affect the final support amount.
Getting these inputs right matters enormously. Small errors in income figures, overnight counts, or add-on expenses can result in a support obligation that is meaningfully higher or lower than it should be, compounded over months and years. Where Jenkinson Legal adds real value is in efficiently gathering all relevant financial records, presenting them in a light most favorable to our client, and ensuring that the other side has also provided complete and accurate information to avoid an unfair outcome.
Imputed Income: When a Parent Is Voluntarily Unemployed or Underemployed
Florida law does not allow a parent to artificially reduce their child support obligation by choosing to work less than they are capable of. If the court finds that a parent is voluntarily unemployed or underemployed, it has the authority to impute income to that parent based on their earning potential rather than their actual earnings. The court considers factors such as the parent’s recent work history, occupational qualifications, education, and the prevailing wage rates in the area for comparable work.
This is an issue that arises frequently in contested child support matters. Whether you are the parent seeking imputation of income against an underemployed former spouse, or you are the parent facing an imputation claim and need to demonstrate that your reduced income is genuine and not voluntary, having knowledgeable legal representation is essential to protecting your position.
Establishing Child Support
Whether your case arises out of a divorce, a separation between unmarried parents, or a standalone support proceeding, establishing the correct child support amount from the outset is critically important. A support order that is entered based on inaccurate or incomplete financial information can be very difficult to correct after the fact, and the financial impact compounds over the life of the obligation.
At Jenkinson Legal, we ensure that support is calculated accurately and fairly, reflecting the true financial circumstances of both parents. We work to present our client’s income, expenses, and time-sharing information as completely and accurately as possible, and we hold the other side to the same standard. Florida law requires both parents to submit a financial affidavit under oath, and we make certain that those disclosures are complete and consistent with the evidence in your case.
We also recognize that not every child support matter needs to become a prolonged battle. When appropriate, we work collaboratively to reach agreements that serve the best interests of the children without unnecessary cost or conflict. When the other side is unwilling to be reasonable, however, we are fully prepared to litigate and advocate aggressively for a fair result.
Enforcement of Child Support Orders
A court-ordered child support obligation is a legal requirement, not a suggestion. When a parent fails to pay court-ordered support, the financial impact on the receiving parent and the children can be immediate and significant. At Jenkinson Legal, we pursue enforcement through all available legal channels when a parent refuses to meet their obligations.
Florida and federal law provide a range of powerful enforcement tools, including:
- Contempt of court proceedings, which can result in sanctions, payment of attorney’s fees, and in cases of willful nonpayment, possible incarceration until the obligation is addressed
- Income withholding orders, which require an employer to deduct support payments directly from the paying parent’s paycheck
- Seizure of tax refunds and interception of other government payments
- Suspension of driver’s licenses, professional licenses, and other state-issued licenses for parents who are significantly delinquent in their support obligations
- Liens on real estate and other property owned by the non-paying parent
If your former spouse or co-parent has fallen behind on support payments, do not wait. The longer a delinquency is allowed to accumulate, the more difficult it can become to recover the full amount owed. Contact Jenkinson Legal today so we can evaluate your situation and take prompt, effective action to enforce your rights and protect your children’s financial well-being.
Modification of Child Support
Child support orders are not permanent. Changes happen, and alimony, child support, and parenting plans sometimes become obsolete. A competent, experienced modification attorney can help you update family court orders to reflect your current circumstances.
Under Florida law, either parent may seek a modification of child support when there has been a substantial change in circumstances since the prior order was entered. Common grounds for seeking a modification include:
- A significant increase or decrease in either parent’s income
- A change in the time-sharing schedule that affects the overnight calculation used in the support formula
- A substantial change in the child’s healthcare or childcare expenses
- A child aging out of the support obligation
- A parent losing employment or becoming disabled through no fault of their own
- A parent who was previously imputed income has now demonstrated a legitimate change in earning capacity
It is critically important that you never simply stop paying child support because your situation has changed. Unilaterally reducing or stopping payments without a court order can result in a finding of contempt and serious legal consequences, regardless of the reason. The proper and only appropriate step is to file a petition for modification and allow the court to make an official adjustment. Jenkinson Legal can help you evaluate whether your circumstances justify a modification and guide you through the process efficiently.
Whether you need to modify a support order because your child is now a teenager with different needs, because your former spouse’s financial situation has changed dramatically, or because your own income has shifted substantially, Jenkinson Legal helps clients resolve these issues through mutual agreement or with the court’s assistance. We can explain your options, protect your rights, and help you take the appropriate legal steps toward a brighter future for yourself and your children.
Child Support and Fathers’ Rights
Fathers are often faced with unique challenges in the family law system when it comes to child support. If you are a father navigating a divorce, paternity action, or support dispute, it is important that you know your rights and have experienced legal counsel to ensure that you are treated fairly throughout the process.
As a father, you have the right to have child support calculated according to the specific guidelines set forth in Florida Statute § 61.30, without regard to your gender. You have the right to have your time-sharing properly credited in the support calculation. You have the right to contest a support amount that you believe is inaccurate or unfair. And if you have concerns about whether income figures provided by the other parent are honest and complete, you have the right to seek full financial disclosure through the discovery process.
At Jenkinson Legal, we are experienced in providing aggressive advocacy on behalf of fathers in child support matters throughout Central Florida. We understand that fathers want to be active, financially responsible parents, and we work to ensure that the support obligations established in your case reflect a fair and accurate picture of both parents’ financial circumstances. Let us help you protect your rights and your relationship with your children. Know your rights. Protect your future.
Contact Jenkinson Legal Today
Child support matters have lasting financial and emotional consequences for you and your children. Whether you are establishing support for the first time, fighting to enforce an order that is being ignored, or seeking a modification that reflects your current reality, you deserve an attorney who will work tirelessly to understand your priorities, develop the best strategy for your circumstances, and advocate effectively on your behalf.
At Jenkinson Legal, we have one simple objective: provide personalized, one-on-one attention to our clients’ legal worries so they can concentrate on life and family. Divorce law and family law are among the most delicate legal issues you can face, and the impact these matters will have on your life and the lives of your children makes it very important that you have the most knowledgeable, experienced advocate you can find.
Call Jenkinson Legal today at (321) 837-9547 for a FREE initial consultation. You may also reach us by email through this website to discuss your needs, options, and legal rights as quickly as possible. We proudly serve clients throughout Orange, Seminole, Osceola, Lake, Polk, Volusia, and Brevard counties.
Legal disclaimer: This page is intended for general informational purposes only and does not constitute legal advice. Laws and procedures may change. Please consult a licensed Florida family law attorney for advice specific to your situation.
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