Dealing with the Child Support Enforcement of the Department of Revenue can be daunting, however, in most instances it is unavoidable. A child support action is automatically initiated when a parent is seeking assistance from the State for food assistance, medical insurance, etc. If you ignore the child support notices served to you via postal mail, then the consequences can be grave. The Department of Revenue can enter a child support court order without your participation and they have the capabilities to obtain your financial information to calculate child support without your cooperation. Child Support Enforcement will calculate child support utilizing the Child Support Guidelines Worksheet. The steps to the child support guidelines are outlined in the Florida Statutes. The main factors that are considered when determining child support are the income of both of the parties, the amount that is paid for health insurance, and daycare. Child Support Enforcement will calculate the retroactive child support amount or back child support as well as the current child support amount. The Florida Statues allow for retroactive child support to be calculated going back two years or the date of birth of the child but it cannot exceed two years. The arrears can be great and interest will be assessed as well to that amount. They also can enforce the child support order using various methods such as garnishment and even imprisonment.
If you retain our law firm, we will ensure that your income is accurately reflected in the child support guidelines worksheet. We will also ensure that you receive credit for any child support that you provided prior to the action so that the retroactive child support reflects the amount that is actually owed. If you are providing health insurance or daycare, We will ensure that the general magistrate takes that into account. It is important that you understand that the Child Support Enforcement does not have the ability to determine timesharing or parental responsibility. If the parents acknowledge the percentage of overnights that both parents are sharing with the child(ren), then the timesharing will be taken into consideration. However, if there is a disagreement as to the amount of timesharing regarding the amount of time that each of the parents are spending with the child, then a paternity action should be filed with the circuit court.
We routinely file paternity actions to establish parental responsibility, timesharing, and child support. Any order entered in the family law court will supersede an order entered in the Department of Revenue: Child Support Enforcement action. Call us today so that we can discuss your options to ensure that the child support that is owed is accurate and that you are obtaining the credit for the amount of time that you spend with your child(ren).