Orange County Child Support Lawyer

Do you need help establishing, changing, or enforcing child support? An Orange County child support lawyer at McMichen, Cinami & Demps can explain your rights and help you navigate Florida’s child support system. We represent parents and families throughout Orange County, Florida. Call (407) 898-2161 today to schedule a case evaluation.

Child support helps parents meet their children’s financial needs. However, calculating the correct amount can become complicated when parents disagree about income, expenses, time-sharing, or other financial issues. Understanding Florida’s child support rules can help you protect your finances and your child’s interests.

Why Choose McMichen, Cinami & Demps for Help With Child Support in Orange County, FL?

Child support decisions can affect your family and finances for years. McMichen, Cinami & Demps brings over 50 years of combined experience in family law to clients throughout Orange County, FL. Our legal team includes an attorney who is Board Certified in Marital and Family Law, as well as attorneys trained in collaborative law.

When choosing an Orange County family lawyer for a child support matter, consider the firm’s:

• Access to an attorney who is Board Certified in Marital and Family Law
• Training in collaborative law
• Experience with complex financial and parenting disputes
• Ability to pursue negotiated solutions when appropriate
• Courtroom advocacy when disputes cannot be resolved
• Personalized approach to family law matters

An experienced Orange County child support attorney can help you understand how Florida law applies to your circumstances and protect your interests throughout the process. Contact McMichen, Cinami & Demps today to schedule a case evaluation.

How Is Child Support Calculated in Florida?

Florida uses statutory child support guidelines. The calculation considers the parents’ combined net income, the number of children, and each parent’s share of the combined income.

Other factors may include health insurance, uncovered medical expenses, work-related child care, and time-sharing. The guideline amount is presumed appropriate, although courts can depart from it when permitted by Florida law.

Because several factors go into the calculation, errors involving income or expenses can affect the final support amount.

What Income Is Included When Calculating Child Support?

Florida considers more than regular wages when calculating child support. 

Depending on the circumstances, gross income may include:

• Salary and wages
• Bonuses and commissions
• Business income
• Disability or unemployment benefits
• Retirement or pension payments
• Interest and dividends
• Rental income

Certain allowable deductions are then used to determine net income. Accurately identifying income is especially important when a parent is self-employed, earns commissions, or has several sources of income.

Can Income Be Imputed to a Parent in Florida?

Sometimes. A court may calculate child support based on the income a parent could earn rather than on what the parent currently reports. This is known as imputing income.

The issue can arise when a parent is voluntarily unemployed or underemployed without a sufficient reason. Depending on the circumstances, the court may consider the parent’s recent work history, qualifications, education, experience, available employment, and other factors when determining earning potential.

However, earning less does not automatically mean a parent is avoiding child support. A legitimate job loss, health issue, or other circumstance may explain reduced earnings.

Does Time-Sharing Affect Child Support in Florida?

Yes. Florida’s child support guidelines account for time-sharing because both parents may pay expenses while caring for their children.

When each parent has at least 20% of the overnights during the year, Florida’s guidelines use an adjusted calculation that accounts for time-sharing and the parents’ incomes. Equal time-sharing does not automatically eliminate child support. One parent may still owe support when there is a difference in the parents’ incomes or when other factors affect the calculation.

The number of overnights used in the calculation should accurately reflect the applicable time-sharing arrangement. If that arrangement changes significantly, it may also affect the amount of support owed and potentially provide grounds for a modification.

Child support and time-sharing are separate obligations. A parent generally cannot stop paying court-ordered support simply because the other parent interferes with time-sharing.

What Expenses Can Affect Child Support?

The basic child support amount covers many of the ordinary costs of raising a child. However, additional expenses can affect the final calculation.

These may include:

• Health insurance for the child
• Uncovered medical expenses
• Work-related child care
• Dental expenses
• Certain educational expenses
• Expenses related to special needs

Florida child support orders generally address health insurance for minor children when the coverage is reasonably priced and accessible.

Parents should provide accurate information about qualifying expenses so the calculation reflects their family’s circumstances.

Can Parents Agree on Their Own Child Support Amount?

Parents can reach an agreement on child support, but they cannot necessarily choose any amount they want. Florida’s child support guidelines and the child’s financial needs remain important even when both parents agree.

Parents may also agree on how health care, child care, and other expenses will be handled.

Before accepting proposed terms, each parent should understand how the agreement compares with the amount that would otherwise be calculated under Florida’s guidelines.

Can Child Support Be Modified in Florida?

Yes. Child support may be modified when Florida’s legal requirements are met.

Reasons for seeking a modification may include:

• A significant change in income
• Job loss
• Changes in the child’s needs
• Changes in health insurance or child care costs
• A qualifying change in time-sharing

Parents should generally continue following the existing order unless and until it is legally modified.

If your circumstances have changed, an Orange County family law attorney can determine whether the facts may support a modification.

What Happens if a Parent Does Not Pay Child Support?

Unpaid child support can accumulate, and Florida provides several methods for enforcing support orders.

Depending on the circumstances, enforcement may include:

• Income deduction
• Contempt proceedings
• Liens
• Interception of certain funds
• Driver’s license suspension
• Professional license consequences

A parent who is not receiving court-ordered support can seek enforcement of that order. A parent who cannot afford the current amount should consider requesting a modification rather than simply stopping payments.

Addressing the problem early may prevent unpaid support from continuing to grow.

Can Child Support Be Ordered Retroactively in Florida?

Yes. Florida allows retroactive child support in certain cases. This means a parent may be ordered to pay support covering a period before the current order was entered.

The court generally applies the child support guidelines based on the circumstances during that period. Historical income, child care costs, health insurance expenses, and support already provided may become important.

In an initial child support determination, Florida law generally limits retroactive support to the period after the parents stopped residing together with the child, up to 24 months before the petition was filed.

How Long Does Child Support Last in Florida?

Child support generally ends when a child turns 18, but exceptions apply. Support can continue for a dependent child between the ages of 18 and 19 who is still in high school, is performing in good faith, and is reasonably expected to graduate before turning 19.

Different rules can apply when an adult child has certain disabilities and remains dependent.

Parents should review their specific child support order instead of assuming payments automatically stop on a particular birthday.

What if a Parent Hides Income to Reduce Child Support?

Child support calculations depend on accurate financial information. Problems may arise when a parent fails to disclose earnings, understates business income, or provides an incomplete picture of their finances.

Evidence that may help establish income includes:

• Tax returns
• Pay stubs
• Bank statements
• Business records
• Profit-and-loss statements
• Employment records
• Bonus and commission records

Income disputes can be especially complicated when a parent is self-employed or owns a business.

A family law attorney can review financial records and, when necessary, seek additional information through the legal process.

Do I Need a Lawyer for an Orange County Child Support Case?

You are not required to hire an attorney in every child support case. However, legal guidance can be valuable when a case involves disputed income, self-employment, modification, enforcement, retroactive support, or complicated time-sharing issues.

An attorney can review financial documents, calculate support under Florida’s guidelines, explain possible adjustments, and present evidence when disputes arise.

Even a small difference in the monthly support amount can become significant over several years. Understanding the calculation can help you make informed decisions.

How Can I Prepare for a Child Support Case?

Organizing financial information early can make it easier to calculate support and address disputes.

Helpful records may include:

• Recent pay stubs
• Tax returns
• Bank statements
• Health insurance costs
• Child care bills
• Uncovered medical expenses
• Existing child support orders
• Your parenting plan and time-sharing schedule

If your earnings change from month to month, gather enough records to show the broader pattern.

Having these documents ready can help your attorney identify important issues and prepare an accurate child support calculation.

Contact Our Orange County Child Support Lawyers for a Case Evaluation

Child support can affect your child’s well-being and both parents’ finances for years. Whether you need to establish support, request a modification, collect unpaid support, or respond to the other parent, understanding Florida’s child support rules can help you prepare.

McMichen, Cinami & Demps brings over 50 years of combined family law experience to clients facing important financial and parenting matters. Our team can review your income, expenses, time-sharing arrangement, and existing orders.

Contact us today to schedule a case evaluation with an Orange County child support attorney and discuss your options.