Both biological (and/or adoptive) parents are required to provide financial support to their children in Florida, and one parent can seek child support from the other parent via a court order to make child support payments. After such an order is issued by a Florida judge, however, later legal issues may arise with either enforcing the child support payments (forcing the liable parent to make payment) or modifying the support order either up or down. The Law Offices of Ira M. Marcus, P.A. in Miami is here to help custodial and non-custodial parents in achieving fair results in the enforcement and/or modification of child support payments.
Enforcing Child Support Payments in Florida
A parent subject to a child support order may be unwilling or unable to actually make the payments on a regular basis, but the other parent can go to court to have the judge take further steps to force payment. It is important to understand that a court will look at a parent’s ability to earn income as opposed to their actual income in enforcing child support orders. Actions a judge can take pursuant to a custodial parent’s requests include:
- Ordering a parent to seek employment and/or job training
- Garnishing the salary of the liable parent
- Suspending the paying parent’s driver’s license and/or vehicle registration
- Issuing a writ of attachment to a bank account or other property
- Placing the parent in civil contempt, which can include up to 179 days in jail
We will take all necessary steps on your behalf in enforcing a child support order or responding to actions related to enforcement.
Modifying Child Support Payments in Florida
Although the court will take steps to enforce child support payments, the paying parent can request that the court modifies the award to a lower amount based on issues such as an inability to earn income or a lesser need on the part of the child and other parent. Likewise, a custodial parent can seek a higher support payment if that parent has experienced a reduction in income and/or the child now has greater needs, for example, higher educational or medical costs.
To obtain a modification in either direction, our office will work with you to demonstrate to the court that the modification is necessary and supported by the law.
Legal Help in Your Florida Child Support Matter
Whether you are seeking child support, responding to a child support request, enforcing a child support order, or seeking a modification, The Law Offices of Ira M. Marcus, P.A. in Miami can help. Contact our office today to set up a consultation with a trusted and caring family law attorney.
At The Law Offices of Ira M. Marcus, P.A., we know your relationship with your children is one of the most important aspects of your life. You want the best for them, but when you and your children’s other parent are not a couple, determining your ability to be a part of their lives – both in terms of your living arrangement and your ability to make important decisions on their behalf – becomes a matter of Florida law, and the Courts and other attorneys get involved. To make sure the rights of you and your children are protected, you need a trusted attorney on your side.
Child custody decisions are based on the court’s determination of the best interests of child. We will work to protect your relationship by making your best arguments in negotiation and at trial.
Florida law provides guidelines on how much support must be paid based on several factors. We will make sure that your financial interests and needs are fairly presented in all matters.
How We Can Help In Your Matter
Florida law regarding child custody and support can be confusing, and judges have significant discretion. But help is available. At The Law Offices of Ira M. Marcus, P.A., we will guide you in the following area of family law::
Parenting Plans / Time-Sharing
Modification of Support / Custody
You are Not Alone in This
Many parents attempt to go it alone when it comes to child custody and support matters, but this approach can have disastrous consequences. Custody and support determinations generally stay in place until a child reaches age 18 – although either party may petition for modification – meaning the decisions that a judge makes can have an enormous financial and relational impact for years.
Because Florida law is complex, it is in your interest to work with a knowledgeable family law attorney. The Law Offices of Ira M. Marcus, P.A. is here to help you in any way we can.