Common Myths about Florida Child Support

Child support in Florida can be quite complex. Unfortunately, there are many misconceptions people have about making such payments that they believe to be the truth.

In this post, we aim to dispel common myths and provide you with a better understanding of the child support system. Once you learn important information, you can make the best decisions for you and your children.

The following are the most common myths about Florida child support:

  • Child support immediately stops once a child reaches 18 years of age – Under circumstances, children may continue to receive child support after turning 18 years old. For example, if an 18-year-old child is still in high school, payments may continue until graduation IF THE CHILD IS REASONABLY EXPECTED TO GRADUATE HIGH SCHOOL BEFORE REACHING THE AGE OF 19 YEARS. Additionally, child support doesn’t end for children with special needs and disabilities that restrict them from being self-supporting adults IF TIMELY FILED.
  • If both parents EQUALLY share parental responsibility, child support doesn’t need to be paid – THERE ARE MANY CHILD SUPPORT FACTORS, SUCH AS THE INCOME OF EACH PARTY; THE NEED FOR CHILDCARE AND WHO PAYS FOR THE CHILDCARE; THE NEED FOR HEALTHCARE INSURANCE AND WHO PAYS FOR THE HEALTHCARE INSURANCE; AND THE NUMBER OF OVERNIGHTS EACH PARENT SPENDS WITH THE CHILD. THESE FACTORS MAY BE DEVIATED FROM UNDER CERTAIN CONDITIONS WITH APPROVAL OF THE COURT.
  • Child support is tax deductible – The custodial parent cannot declare child support payments as income and the noncustodial parent cannot deduct them from their taxable income AT THE PRESENT TIME.
  • A parent doesn’t have to pay child support if he/she is unemployed – Both parents are legally responsible for financially supporting their kids. UNDER SOME CIRCUMSTANCES INCOME CAN BE IMPUTED TO THE PARENT. Child support ordered by the court must be paid on time. It is possible for the paying spouse to get the order modified or deferred, but this requires court approval.
  • Back payments for child support stops being collected when the child turns 18 – Just because a child becomes an adult, doesn’t mean a parent doesn’t have to pay what he/she is owed. There are no CURRENT statutes of limitations when it comes to back payments of child support. THERE IS A PROCESS TO COLLECT CHILD SUPPORT ONCE THE CHILD EMANCIPATES IF THERE IS NO JUDGMENT ON THAT ISSUE.
  • Child support payments are exclusively spent on the children – These payments are used to, directly and indirectly, support the child. Indirect support includes providing shelter, food, and even health care.
  • If a supported spouse gets remarried, the paying spouse can stop paying child support – Child support must still be paid despite the fact that the child is now part of a blended family.

If you are interested in modifying your current child support order in Florida, our Pembroke Pines family law attorneyat The Law Office of Jerome P. Venturais ready to help. For more information, contact ustoday.

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