Child Custody & Child Support

Child Custody and Visitation

The most emotional family law cases occur when children are involved. Custody and visitation disputes occur in both divorce cases and other family law cases such as post-judgment cases and paternity cases.

As of October 1, 2008, a new law went into effect that requires all cases with minor children to develop a parenting plan. The parenting plan has replaced the prior terminology of “primary residential responsibility” and “visitation.” Instead of using the term “visitation”, Florida courts now use the term “time-sharing”.

The newly required parenting plan must be very detailed, addressing such issues as transportation of the minor children, which parent will be able to decide issues relating to religion, school and extracurricular activities and a communication schedule the minor child will have with the parents. At Mindi Lasley, P.A., we are experienced in drafting and litigating parenting plans to the very minute details to obtain the time-sharing schedule that is fair for both you and your child.

In determining a parenting plan, there are numerous statutory factors that the judge considers. Two of the most important factors are:

  1. What parenting plan would be in the best interests of the child, and
  2. The disposition of each parent to facilitate and encourage a close and continuing parent-child relationship, to honor the time-sharing schedule and to be reasonable when changes are required.

Ms. Lasley is able to apply the many factors considered by the court in developing the parenting plan to your specific case and persuasively present the parenting plan to the court that is in the best interests of your child.

Child Support

Child support, unlike alimony, is determined by applying a formula taking into account the parties’ monthly net income, how many minor children the parties’ have in common and any credits entitled to either part that pays child care and/or health insurance costs. This formula is known as Florida’s child support guidelines. Another factor that is considered in calculating the child support guidelines is the number of overnight visits a parent has with the minor child. If one parent has 40% of overnight visits with the minor child, this is considered substantial shared parenting and factored into the child support guidelines formula.

While the judge has some discretion to deviate from the child support guidelines by 5%, it is very difficult for the judge to deviate more than that percentage.

Child support can be modified by either party in the event that current guidelines differ from the previously established guidelines at least 15% or $50, whichever amount is greater.

The Department of Revenue, Child Support Enforcement Division, which is represented by the Attorney General’s Office, may bring a claim against a father in the event that the mother of the child has requested such assistance and/or the mother of the child has received or applied for state aid. Cases brought forth by the Department of Revenue are heard in a separate division from the family law courts that address child support issues only.

Failure to pay court ordered child support can result in a Motion for Contempt being filed against you, and repercussions include, but are not limited to, suspension of your driver’s license, garnishment of your wages and/or tax refund and/or confinement in the county jail.

The non-custodial parent is responsible for the payment of child support upon the separation of the parties. If payment is not made, or is less than the amount the non-custodial parent is responsible for, retroactive child support may be ordered. If court order child support becomes delinquent, you will accumulate a child support arrearage which must be paid back with interest.

Mindi Lasley, P.A. is dedicated to representing custodial parents to ensure they get the child support they are entitled to. In addition, our firm represents non-custodial parents, in family law cases and child support enforcement cases, to ensure that our clients are not paying more child support than they are legally obligated to pay and are given a credit for all funds they have paid towards child support in the past.