Jacksonville Child Support Lawyer
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Jacksonville Child Support Attorney
The struggle to get child support for your child is not something you have to go through alone. Our Jacksonville child support attorneys are here for you 24/7 to provide legal guidance.
With over 45 years of combined experience, our family law firm has fought for the rights of families and children. Call our child support lawyers at (904) 396-5557 to tell us about your situation, visit us at 1646 Emerson St Ste B, Jacksonville, FL 32207, or request an online appointment today. We provide free consultations for new clients.
Formula For Determining Child Support in Florida
Florida Statute §61.30 provides a mathematical formula for determining child support obligations. This formula is based primarily on the combined monthly net income of both parents and allocates a percentage of that income toward the child’s needs. The final amount is adjusted based on a variety of relevant expenses and the time-sharing schedule.
Key Factors That Affect The Child Support Calculation
Child support is calculated by analyzing a few key factors in the life of the child and the parents (both the child support provider and the parent with child custody).
The key factors in calculating child support include the following:
Childcare, Health Insurance, and Medical Expenses
Additional necessary expenses are factored into the calculation, including:
- Daycare or after-school programs that are required for a parent to work
- Health insurance premiums for the child
- Uninsured medical, dental, and vision costs
These expenses are typically divided between the parents in proportion to their income.
Income of Both Parents
The starting point for child support is determining the net monthly income of each parent. This includes:
- Wages or salary
- Bonuses, commissions, and overtime
- Self-employment income
- Disability, workers’ comp, and unemployment benefits
- Rental income, dividends, and other earnings
After calculating gross income, deductions such as taxes, mandatory retirement contributions, and health insurance premiums are subtracted to reach the net amount.
Time-Sharing (Custody Arrangement)
Florida uses a time-sharing model instead of traditional custody labels. The amount of time each parent spends with the child directly impacts child support. If a parent has the child overnight at least 20% of the year (73 nights or more), a different formula applies that may reduce their support obligation.
Use of Florida’s Child Support Payment Calculator
Florida offers a free Child Support Payment Calculator Worksheet (Form 12.902(e)) [1], which can be used to estimate your payment amount. While this tool gives a helpful starting point, the actual amount can vary based on judicial discretion, local court practices, and special circumstances.
How to File for Child Support in Jacksonville
Filing for child support in Jacksonville can be done in two main ways: through the Florida Department of Revenue (DOR) or directly through family court. Both routes are legally valid and serve different needs depending on the complexity of the case and whether legal representation is involved.
1. Filing Through the Florida Department of Revenue (DOR)
This is a free service provided by the state and is often used by parents who are not represented by an attorney.
2. Apply Online or In-Person
Our child support attorneys can apply for you online, or our representative can do it in person. We will help you fill out the child support forms and all documents necessary for the filing.
3. Submit the Application
During the application process, we will double-check all documentation and submit the application to ensure accuracy. The information we will need includes the following:
- Details about income, employment, and any existing custody orders
- Information about both parents and the child(ren).
4. Attend Hearings or Appointments (if required)
Our local Jacksonville child support lawyers will handle most court obligations for you, but if you are needed, then the court may require your presence during hearings.
The DOR may schedule paternity testing or mediation sessions.
5. Receive a Child Support Order
Once the child support hearing is done, you will receive the child support according to DOR’s calculations. The DOR will calculate the amount based on state guidelines and issue an official order.
Required Documents
To initiate the child support request, we will need the following documents and information:
- Completed application or petition
- Copies of birth certificates for the children
- Photo ID (driver’s license or passport)
- Proof of income (pay stubs, tax returns)
- Existing custody or divorce orders (if applicable)
- Proof of childcare or medical expenses
What Is The Typical Timeline for Processing?
The timeline for processing depends on the complexity of the case and whether or not the other parent is willing to cooperate. In most cases, the typical timelines include the following:
| Step | Estimated Time |
|---|---|
Application submission | Immediate |
Case intake & initial review | 2–4 weeks |
Paternity testing (if needed) | 4–6 weeks |
Court or administrative hearing | 6–12 weeks |
Final order issued | 2–3 months (typical) |
Timelines can vary based on case complexity, court schedules, and responsiveness of the other parent.
Modifying Child Support Orders in Jacksonville
Child support orders are not set in stone. As life changes, so can your financial circumstances or parental responsibilities. Florida law allows for modifications of child support payments when there is a “substantial change in circumstances.”
When Can You Request a Modification?
If there is a change in your life, our child support attorney will represent your case and request modifications. These apply in the following cases:
- A parent becomes unemployed or disabled
- One of the children has turned 18 or is legally emancipated
- There’s a significant change in income (increase or decrease)
- The child’s needs have changed (e.g., health care, education)
- Time-sharing arrangements have been modified
Generally, the change must result in at least a 15% or $50 difference in the support amount to qualify for a modification under Florida law.
How to Request a Jacksonville Child Support Modification
Option A: Through the Florida Department of Revenue (DOR)
If your original order was established through DOR, we will request a review by:
- Filing a Request: We will initiate the process to review the child support order. This is available online or at a local child support office.
- DOR Reviews Your Case: Once the filing is done, the DOR will review your case. They will examine income, custody, and other relevant factors.
- Possible Administrative Hearing: If changes are needed, DOR will schedule a hearing or make an administrative adjustment.
Option B: Through Family Court in Duval County
If your order was issued by a judge, we will have to pursue modifications in a local court. Here is what we will do for you:
- File a Supplemental Petition to Modify Child Support: This can be done at the Duval County Clerk of Court or online via the Florida Courts website.
- Serve the Other Parent: Legal notice is required.
- Attend a Court Hearing: Present evidence of the change (pay stubs, medical bills, updated parenting plan, etc.)
- Judge Issues a New Order (if approved)
What Evidence Will We Need?
- Child’s updated expense list (education, healthcare, etc.)
- Medical records (if disability is claimed)
- New custody/time-sharing arrangements
- Proof of income change (termination letter, new job offer, tax returns)
- Updated financial affidavits
Enforcing Child Support Orders in Jacksonville
Even after a child support order is in place, some parents unfortunately fall behind on payments or stop paying altogether. Florida takes child support enforcement seriously, and both the Florida Department of Revenue (DOR) and the family courts have a variety of tools to ensure that support is paid.
What Happens When Child Support Is Not Paid?
If a parent does not comply with a court or administrative child support order, they can face serious legal and financial consequences, including:
- Accumulation of arrears (past-due payments)
- Interest on unpaid amounts
- Legal enforcement actions, such as wage garnishment or license suspension
Enforcement Through the Florida Department of Revenue (DOR)
If your case is registered with the DOR, they can take automatic enforcement actions without going to court. These may include:
Administrative Enforcement Tools
- Bank Account Garnishment: DOR can freeze and seize funds from bank accounts of parents with arrears.
- Credit Reporting: Unpaid child support can be reported to credit bureaus, damaging the noncompliant parent’s credit score.
- Income Withholding: DOR can instruct employers to deduct financial support directly from the paying parent’s paycheck.
- License Suspension: DOR can suspend driver’s licenses, business licenses, and even hunting/fishing licenses for nonpayment.
- Tax Refund Interception: Past-due child support can be taken from federal or state income tax refunds.
Enforcement Through Family Court
For more complex enforcement issues, we will file a Motion for Contempt or Motion to Enforce in Duval County Family Court for you. The process includes the following:
Court-Based Enforcement Tools
- Contempt of Court Proceedings: A judge may find the non-paying parent in contempt, which could lead to fines, jail time (in extreme cases), payment plans, and additional penalties
- Judgment Liens: The court can place a lien on the parent’s property or other assets.
- Writs of Garnishment: The court can order garnishment of wages or other financial assets.
What to Do If You Can Not Afford to Pay Your Court-Ordered Child Support?
If you are the paying parent and facing financial hardship, you can fight back against unlawful child support. However, you must take necessary precautions before asking for a modification.
Here is what you should do:
- Do not stop paying without filing for a modification.
- Communicate with the DOR or court as soon as possible.
- We will help you request a formal change to your support order
Termination of Child Support Obligations in Jacksonville
Child support does not last forever. Florida law provides clear guidelines on when a parent’s legal obligation to pay child support ends. Knowing these rules can help both paying and receiving parents plan for the future.
When Does Child Support End in Florida?
Under most circumstances, child support in Florida terminates when the child:
- Turns 18 years old, or
- Graduates high school (or it continues until age 19 if still in high school and expected to graduate)
Example:
If your child turns 18 in March but is set to graduate from high school in June, support continues until graduation.
Exceptions: When Child Support May Continue Beyond Age 18
In Jacksonville, child support may be extended if:
- The child has special needs or a disability that began before reaching adulthood and requires continued care.
- A court order specifically extends the obligation due to agreed-upon terms between parents (e.g., college tuition support).
Automatic Termination vs. Court Action
Administrative Orders via DOR
- Child support usually ends automatically based on the child’s age or graduation date.
- DOR will send notice of the termination date in advance.
Court Orders
- Some court orders include a fixed termination date.
- If no date is listed, the paying parent should file a Motion to Terminate Child Support to officially end the obligation.
What If You Have Multiple Children?
When there are multiple children in a support order, the amount may not automatically reduce as each child ages out. In that case, the paying parent must:
- File a Motion to Modify Child Support based on the remaining children.
- Request that the court recalculate the new amount.
Child Support Overpayment and Refunds
If payments continue after the support obligation ends:
- You may be eligible for a refund, but you must act quickly.
- Contact the DOR or file a motion in court to recover overpaid funds
If you are looking to terminate child support in Jacksonville, we will help you. Consult our Jacksonville child support lawyers, and we will suggest any legal action you can take.
Consult Our Jacksonville Child Support Attorneys For a Free Consultation
Our local Jacksonville child support attorneys will guide you through the legal process and support you through every step.
Reach out to us and we will discuss your legal options regarding child support. Call now and book a free consultation with our Jacksonville child support lawyers.
Source:
[1] FL Courts Form 12.902(E). (n.d.). https://www.flcourts.gov/content/download/685815/7661211
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Law Offices of Sacks & Sacks, P.A.
1646 Emerson St. Ste B,
Jacksonville, FL 32207
(904) 396-5557