Fathers Also Have Rights
Representing Complex Family Law Matters
Common Child Support Myths
If you anticipate being ordered to pay child support upon finalizing your divorce, you may have many questions about the monthly payments and even the consequences for failing to provide them. It is not uncommon for fathers to speak with friends, family, or their peers about child support. However, there are many myths which people consider as truth.
*Click here for information regarding the rights of teen fathers.*
Some of the most common child support myths Include the following:
- Myth: The judge decides the amount of child support I must pay – Truth: Child support is based on both parents’ income—not by a judge. The court believes the children should be provided financially as if their parents were still married. So, if each parents’ income increases, so should the monthly payments—or vice versa. However, a judge may lower the amount based on several factors, such as medical bills you owe, having an IRS lien, or you have other court-imposed responsibilities.
- Myth: My child support will automatically be lowered if I have another child – Truth: Child support will not be lowered if you have another child with your new partner—unless your new child needs special medical care. Additionally, child support will not be equalized if you must make payments to the younger child from your second family. In Florida, the order with the earliest date is paid first, then the other order is calculated afterward, meaning the younger child should receive the least until the older child turns 18 years old and graduates high school.
- Myth: My wages won’t be garnished anymore if I quit my job – Truth: Although wage garnishment stops if you are not employed, it will continue once you find a new job. Your new employer needs to register in the new hire database and report the income for unemployment and workers’ compensation insurance purposes. Furthermore, the same database is used to check for child support orders and resume wage garnishments.
- Myth: I don’t have to pay child support if I leave Florida – Truth: All states have communicated through a computer database since 1998 regarding child support matters. If you leave the state, the child support office in your new state will continue to collect child support from your judgment in Florida.
- Myth: If I filed jointly with my new spouse, child support won’t be taken from IRS refund – Truth: This is not the case. However, you must identify your portion of the refund, so the right amount is obtained. You need to file a Motion to Prevent IRS Intercept to prevent your entire refund from being calculated to account for child support.
How Our Orlando Family Law Attorneys Can Help
Child support payments can be quite a financial burden. If you are interested in child support modification in Florida, our family lawyers at Alers Law Firm can evaluate your situation, determine your available legal options, and help you obtain the best outcome possible in court.
For more information, contact us and schedule a consultation today.