Child Support Lawyer Miami
Ensuring a child’s financial well-being is one of the most important responsibilities of a parent. Florida law requires both parents to provide financial support for their children, regardless of whether they were ever married. However, determining child support payments, enforcing court orders, or modifying an existing child support arrangement can be challenging. If you need assistance with child support in Miami, an experienced child support lawyer can help protect your rights and ensure that your child receives the financial support they deserve.
At Cruz Legal, P.A., attorney Marisol Cruz helps parents navigate Florida’s child support laws, whether you are seeking support, contesting an obligation, or modifying an existing order. With years of experience handling complex child support cases, we work diligently to ensure that support orders are accurate and legally enforceable.
How Is Child Support Determined in Florida?
Florida follows a standardized child support formula, known as the Florida Child Support Guidelines, which considers:
- Each parent’s net income (wages, bonuses, commissions, self-employment earnings, rental income, etc.)
- The number of children involved
- Health insurance and medical expenses
- Childcare costs
- The number of overnights each parent has with the child
The Florida Child Support Guidelines are designed to ensure that child support is fair and adequate, but the court does have discretion to deviate from the standard calculation if special circumstances exist.
Who Pays Child Support in Florida?
Child support is a payment made for the benefit of the children, with both parents responsible for financial support. Who pays and the amount depend on various factors, including each parent’s income and the number of children. However, child support is not a punishment—it is a legal obligation to ensure that the child’s needs are met.
The amount each parent contributes depends on:
- Their net monthly income
- Their time-sharing (custody) arrangement
- Healthcare (covered and noncovered) costs
- Childcare costs
If you have questions about how much child support you should be paying or receiving, we can help calculate your obligation based on Florida law.
Modifying Child Support Orders in Florida
Life circumstances change, and sometimes a child support order needs to be modified. Florida allows modifications to child support payments when there is a substantial and material change in circumstances that’s permanent in nature, such as:
- An increase or decrease in income that would result in a difference in the new child support amount by at least 15% or $50.00
- A change in the child’s medical or educational needs
- Involuntary loss of employment
- A change in the time-sharing arrangement
If you need to modify your child support order, our firm can help you file a modification request and present evidence to support your case.
Enforcing Child Support Orders
Unfortunately, some parents fail to pay court-ordered child support, creating financial hardship for the child and the other parent. If you are not receiving the child support you are owed, you have legal options to enforce the court order.
Florida enforces child support through the Florida Department of Revenue and the courts using methods such as:
- Filing contempt of court charges (which could lead to fines or jail time)
- Wage garnishment (automatic paycheck deductions)
- Bank account levies
- Intercepting tax refunds or stimulus payments
- Suspending driver’s licenses and passports
- Placing liens on property
If you are struggling to collect unpaid child support, we can help you petition the court to take enforcement actions against the non-paying parent.
Can Child Support Be Reduced or Waived?
Child support can never be waived as it’s the right of the child, not the parent. However, it can be reduced if the paying parent can prove a significant change in financial circumstances that’s permanent in nature.
Examples of situations where child support may be reduced include:
- Job loss (involuntary) or a major decrease in income
- Health issues that impact the ability to work
- Change in the time-sharing (visitation) arrangement
We assist parents in seeking fair adjustments to child support payments while ensuring that the child’s financial needs continue to be met.
Child Support and Shared Custody (50/50 Time-Sharing)
Many parents assume that if they share custody equally (50/50), child support is not required. However, Florida law still requires child support in most cases, even with equal time-sharing.
In cases of 50/50 custody, child support is determined by:
- Each parent’s income
- Which parent covers healthcare
- Other expenses related to the child’s care
If one parent earns significantly more than the other, they may still be required to pay some level of child support. If you are concerned about how shared custody affects your child support obligations, we can provide accurate calculations and legal guidance.
Child Support for Unmarried Parents
If parents are not married, the father must first establish paternity before child support can be ordered. This can be done through:
- Being list on the birth certificate and signing a Voluntary Acknowledgement of Paternity (signed at the time of birth)
- Voluntary acknowledgement of paternity (signed at the time of birth)
- A paternity lawsuit and DNA testing
Once paternity is established, the court can issue a child support order to ensure that both parents contribute to the child’s financial needs.
If you need help establishing paternity or obtaining child support as an unmarried parent, we are here to guide you through the process.
Why Hire a Miami Child Support Lawyer?
Child support cases can become complicated, especially when financial disputes arise. Having an experienced Miami child support lawyer can help you:
- Ensure child support calculations are accurate and fair
- Modify child support if financial circumstances change
- Enforce child support orders against a non-paying parent
- Protect your financial rights if you are paying child support
- Resolve disputes through negotiation, mediation, or litigation
At Cruz Legal, P.A., we work diligently to secure fair and legally sound child support agreements that protect both parents and children.
Why Choose Cruz Legal, P.A.?
Experienced in Florida Child Support Cases
Dedicated Representation When Needed
Bilingual Legal Services
Personalized Legal Strategies
Schedule a Consultation with a Miami Child Support Lawyer
If you need assistance with establishing, modifying, or enforcing child support in Miami, don’t try to handle it alone.
Let an experienced child support attorney help you protect your child’s financial future.
Call us today or fill out our online contact form to schedule a confidential consultation with child support lawyer Marisol Cruz.
Get the legal help you need today!