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The Modification of Child Custody/Visitation in Florida

Orlando Attorney

Attorney for Modification of Child Custody or Visitation in Florida

If children who are minors are a part of a divorce matter, the case is not actually over until they become adults.  During a divorce matter, the visitation and custody issues may be set forth by the presiding judge in litigation or pursuant to an agreement among the parties.  The factors that go into that decision depend upon the specific set of circumstances in one’s case.  However, a child custody arrangement and visitation may be amended if there is a “substantial change of circumstances” that takes place warranting a modification of the judge’s original order. 

There are countless examples of the kind of changes necessary to establish a substantial change of circumstances necessary to amend a child support/visitation order.  For example, there are times when a parent will be remarried or reside with another individual and the children do not have a good relationship with him or her.   Evidence that may warrant a modification of custody/visitation is if the children of the marriage are having trouble with behavior at school, getting poor grades, have issues involving law enforcement, and consuming drugs or alcohol (by the children or parent). Actions seeking a modification of child custody/visitation can be complex and emotionally exhausting.  Many times, during a modification action, one parent accuses the other parent for why the children are having problems.  Sometimes therapists and other mental health professionals are necessary to conduct evaluations and provide counseling to address the issues.

If you or someone you love is involved in a modification of visitation or child support action (whether you are subject to an unwarranted modification or are seeking to obtain a modification), it is critical that you contact a skilled Florida Family Law Attorney today to learn more about your legal rights and interests.  Only a seasoned Florida Divorce Attorney can advise you of your legal rights and keep you well-informed during each phase of your modification action.  Don’t wait, as your legal rights and interests are at stake!

Attorney Beryl Thompson-McClary has 28 years of experience in modification of child visitation and child support actions in Florida and she is dedicated to achieving the very best results for her clients. Schedule a confidential consultation today, at no cost to you, by calling our Orlando, Florida office at (888) 640-2999. 

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The Basics on Calculating Child Support in Florida

Child Support Lawyer in Orlando Florida

In calculating child support, the first step is to determine the income of the mother and father to the divorce, which is determined by figuring out each party’s respective monthly gross income and subtracting out certain allowable deductions.  The needs of the children are derived by taking into account the combined net amount and the amount of children, and determining the correct amount from a child support table.  The children’s dental and health insurance costs plus 75% of the daycare costs are then added to the child support amount in order to determine the total needs of the children.

Each party’s obligation is then determined by taking the total need amount and multiplying it to each party’s percentage of the net amount.  For instance, if the mother’s net income is $2,000 per month and the father’s net income is $4,000 a month, then the mother would be required to pay 33.33 percent of child support and the father would be responsible for 66.67 percent.  Keep in mind however, that the costs either party pays for daycare and health/dental insurance is deducted from his or her share. 

The total amount of child support that the court orders may be influenced by the time-sharing agreement of the parties as well as other factors that suggest a divergence from the total child support amount awarded.

If you are involved in a dispute over child support and other aspects of your divorce case, contact a skilled Florida Family Law Attorney to learn more about your legal rights and options.  Only a seasoned child support attorney can advise you of your rights and keep you well-informed during each stage of your divorce case, including the child support phase.  

Attorney Beryl Thompson-McClary has 28 years of divorce and child custody experience in Florida and she is dedicated to achieving the very best results for her clients. Schedule a confidential consultation today, at no cost to you, by calling our Orlando, Florida office at (888) 640-2999. 

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Enforcing a Child Support Order in the State of Florida

Orlando Female Attorney Beryl Thompson-McClary

An order for child support can be achieved through an agreement at the end of a divorce case or by agreement of the parties.  This order provides the obligations and rights of both parties.  If there are minor children involved, the order must include provisions for child support.  If the party ordered to pay child support does not pay in accordance with the order, he or she can be subject to a motion for contempt that seeks enforcement.  This usually occurs if monthly child support is not paid.  If alimony is not paid in accordance with an order, the process is the same.  Both an order for child support and an order for alimony are deemed “in the nature of support,” which is significant because the resources available to the court are very different when enforcing these orders.  Specifically, if a person does not pay an amount that is owed to another in civil law, he or she can have his or her assets seized or wages garnished.  However, it is important to realize that debtor’s prison has been long abolished, which means that a person cannot be thrown in jail if he or she does not pay his or her credit card bill.  This is not the case in support orders, as a judge can impose incarceration for a failure to pay. 

The law begins with the presumption that a person ordered to make support payments has the means to pay it, as the court found that ability.  The burden is on the payee to provide evidence to the court that he or she is unable to pay the support amount.   Even if jailtime is not ordered, the obligation still exists to pay.  Keep in mind that support that is not paid bears interest until it is paid and cannot be discharged in bankruptcy.  

There are additional ways in which support can be enforced.  For instance, the amount of money owed can be taken out of a tax refund.  In extreme cases, the driver’s license of the payee can be subject to suspension.  If a judge sees an individual repeatedly, he or she will be deemed in an unfavorable light.  If there are valid reasons for non-payment, such as the loss of employment or health problems, then the payee can file a motion to modify the support amount.  Accordingly, it is in your best interest to hire a skilled Florida Family Law Attorney to help you prosecute or defend an action to enforce a support order.

Attorney Beryl Thompson-McClary has 28 years of family law litigation experience in the State of Florida and she is extremely dedicated to achieving the best results for her clients. Schedule a confidential consultation today at no cost to you by calling our Orlando, Florida office at (888) 640-2999. 

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