A divorce court will never rule in favor of anything that could potentially
become a detriment for a child of the
divorce. It really cannot be stressed enough that everything needs to consider
and attempt to maintain a child’s best interests, even if that goes
against what is best and most comfortable for the parents. To this extent,
child support payments must be thoroughly considered, for the court will thoroughly
analyze them with no hesitation to reject a proposal that won’t
help the children.
If a child support proposal is rejected, the court has the option to create
its own child support payment plan. This uses a fairly standardized formula
that can vary in a few ways depending on the details of the case. But,
overall, it is not ideal to let the state do this for you.
Florida considers the following when calculating child support:
- Net monthly income of both parents, custodial and noncustodial
- Number of children who are being considered for the pending action
- Average monthly cost of daycare paid by both parents
- How much each parent pays for child’s healthcare insurance or costs
In most situations, the more a parent earns and the less time they actually
have physical custody of their children, the more they can expect to pay
in child support each month.
If you need to draft your own child support plan, it is important to consider:
- Working together with your ex-spouse to get a plan that works for both of you.
- What your child’s interests are – will they change as they age?
- The health of your child, yourself, and your ex-spouse.
- Whether or not either one of you could feasibly gain or lose employment
in the foreseeable future.
Essentially, you need to think further ahead than the here and now, and
you need to do so in a way that is agreeable with your ex-spouse. Butting
heads will get nothing resolved and the court will take control of the
situation, possibly to both of yours dismay. On the other hand, nodding,
smiling, and agreeing to whatever your ex-spouse says to avoid conflict
is not ideal or beneficial either. You could end up paying too much a
month, or receiving not enough each month, and falling into financial straits.
To figure out a child custody plan in Florida that will work well, you
should work with R. Gregory Colvin LLC. Our Orlando family law attorney
has 25+ years of legal support to bring to your case, giving you the insight
of a lawyer that has seen just about any divorce complication you can
imagine. Call407.603.3460 to request a
free consultation today.