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Divorce and Child Support Laws and Rights
Unfortunately, not all marriages have fairy-tale endings, and many times, children are involved in the divorce process. Take a look at the Florida divorce laws, and check out your rights and responsibilities for Child Support.

No-Fault Divorce & Dissolution of Marriage
The state of Florida does require a married person to show grounds for divorce. The marriage must be shown to be irretrievably broken. The term "marital dissolution" also has the same meaning as "divorce". Florida laws also require its residents to go to court to get a divorce. While it may be possible to obtain dissolution without a lawyer, it is very difficult for a non-lawyer to do so if there are issues of property settlement and child custody. And if complications develop, most non-lawyers are not equipped to deal with the complex rules.

Florida Child Support Laws
The divorce and family law process can be lengthy and complicated and involve a number of issues that need to be settled. One of these issues is child support. Florida child support laws are designed to make the process straightforward and simple. However, it is important to seek the help of a qualified Florida divorce attorney who can ensure that your rights and your children's rights are fully protected.

Florida child support laws are based on the Income Share Model, which is used to calculate the amount of child support due by one parent to another. The Income Share Model takes into account the number of children in the household and the net income of each parent before determining the amount of monthly support. The definition of "net income" for child support purposes is not necessarily the same as the definition of "net income" for federal income tax purposes.

According to Florida child support laws, the court will set child support using a formula based on a number of factors, which include, but are not limited to:

  • Salary or wages of each spouse
  • Bonuses, commissions, allowances, and tips
  • Business income from self-employment, partnership, etc.
  • All workers' compensation, social security, disability benefits
  • Interest and dividends

    Because the Florida child support laws are designed to produce a fair child support arrangement, the court has the authority to increase or decrease the support up to 5%. The court can also adjust the amount of child support by more than 5% for a good legal reason, including, but not limited to:
  • Extraordinary medical, psychological, education, or dental expenses
  • Independent income of the child
  • Seasonal variations in one or both parents' income or expenses
  • Special needs of the child
  • The age of the child

    There are also special provisions in Florida child support laws for children who spend a substantial amount of overnight visits with the non-residential parent. These laws can be complicated and should be discussed with an experienced family lawyer.

    There are several child support matters that need to be addressed during divorce proceedings. Besides deciding on the amount of child support due from the non-residential parent, most child support agreements must set the terms for the payment of the child's health and dental insurance, daycare, and/or after/before school care. In addition, parents need to agree how they will split the costs for co-pays and other un-reimbursed medical and dental expenses for the child.

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