Child Support and Timesharing
As a family law attorney, I often have people contact me to discuss how timesharing (formerly known as custody) affects child #support. Many of them have spoken to a friend of a friend, or looked up information on Google, and have a preconceived notion of how these two very complicated topics inter-relate.
MYTH ONE: “If I have 50/50 timesharing with my child, I do not have to pay child support.”
This is a myth I hear all the time and I am constantly having to tell clients that is not necessarily the case. There are many factors that contribute to the calculation of child support. Florida has a guideline that sets forth how much child support a person will pay. Some of these factors include:
the income of both parties;
if there is health insurance paid for the child or children and who pays it;
if the parties have “mandatory” union dues or retirement taken from their pay;
how much the parents pay for their own health insurance;
if #alimony is paid or received by one parent;
if either parent pays child support for another child from a different relationship; and
how many overnights each child spends with each of the parents… just to highlight the more common factors.
REMEMBER, even if you and your child’s other parent have 50/50 #timesharing, there can still be a child support award.
MYTH TWO: “If I am not allowed to see my child, I should not have to pay child support.”
This is another #myth that I hear frequently. This is most definitely not the case. I am always amazed to hear people say this. Just because you cannot see your child, does not mean you do not have to pay support. Conversely, just because you pay support, does not mean you are automatically entitled to see your child. It may not be fair to the person who owes a duty of support, especially if they are not able to see their child; however, just because you cannot see your child, does not mean that the child does not have needs. Your child will still need to eat. Your child will still grow. Eating and growing require support!
If you find yourself in this situation please contact the office of C. Kim Banister, Esq., P.A. at (386) 256-3057 to set up a #consultation.