Child Support
Child Support in Florida is a creature of Florida Statute 61.30. It is often said that support “belongs to the child”. Typically this means that both parents are obligated to support. Supporting a child financially does not vest with one parent or the other. Boca Raton child support attorney Matthew D. Martin represents clients in the establishment of child support. Martin Family Law also represents clients in modification and enforcement matters.
Temporary Support
The duty to financially support their child occurs both during and after a divorce occurs. As a result, both parents have an obligation of support after a divorce petition is filed and before a final hearing occurs. This is known as temporary support. However, once a final judgment is entered, the support is no longer temporary. Its now simply known as child support. As part of a Boca Raton Divorce, a parent should ensure that temporary support is being provided by both parents. The establishment of temporary support oftentimes occurs at a temporary relief hearing. Martin Family Law helps its clients navigate temporary relief hearings and the establishment of temporary support.
Modification
Florida Statute 61.30 provides statutory basis for modifying existing support payments. A modification is permitted under this statute when the modification is found to be in the best interests of the child. Modification is also permitted if there is a substantial change of circumstances. Palm Beach County divorce attorney Martin Family Law analyzes its client’s cases to determine whether a support modification is warranted based on a substantial change in circumstance. However, a change in circumstance warranting a modification is one that needs to be material, involuntary, and permanent in nature. Future or anticipated events usually do not qualify.
Enforcement of Support Orders
Unfortunately, some parents are unwilling to comply with their child support order. Martin Family Law frequently recommends that a contempt or enforcement action be filed against the offending parent. The remedies available in enforcement action range from being held in contempt of court, garnishment, or even a judgment for arrearages. All of the remedies are available to ensure the parent entitled to the support is receiving it. In conclusion, enforcement of child support orders by Boca Raton divorce attorney Martin Family Law might be a necessity if you are opposite a non-compliant parent.