In Florida child support is awarded based upon the proportion of the parties’ incomes and a set guideline amount. Previously, guideline support was reduced only when a paying parent spent at least forty (40%) percent of the annual overnights with the child(ren). Late last year that changed. Now a parent paying child support receives a reduction in the amount of child support awarded when the child(ren) stay overnight with the parent at least twenty percent (20%) of the time. As you can image, this drastic change affects significantly more of the child support awards, effectively reducing the amount of child support awarded in many cases. Further, previous child support awards can be modified downward to take advantage of the new law when the paying parent receives the significant (at least 20%) amount of overnights with the minor child(ren).
In order to be eligible for the reduction, the paying parent must have the minor child(ren) overnight for only seventy-three (73) days each year. To equate this into time-sharing terms, a parent who shares time with the child(ren) every other weekend, for just two overnights each time; who has two weeks in the summer; and who has at least one-half of the Winter Break and a few other overnight holidays during the year, can meet or even exceed the seventy-three day mark to receive a reduction in the child support award. This type of time-sharing schedule, for a parent who wishes to spend time with the minor child(ren) [and lives within a reasonable distance from the other parent] is not difficult to attain.
The amount of the reduction, of course, increases with the amount of overnight visits the paying parent receives. Thus, a paying parent who has ninety-three (93) overnights will see a higher reduction than one who receives seventy-three (73) days.
There is, however, a glitch in how this reduction is calculated which results in not everyone receiving a reduction in the child support award. There are times when there is such a disparity in income between the parents (where the paying parent’s income far exceeds the other parent’s income) that the reduction calculation yields no credit whatsoever. Instead, the reduction calculation lists a higher amount of child support due and owing. Presumably, this result was anticipated by the legislature. In fact, Cindy Vova, who sits on the Support Issues Committee of the Family Law Section of the Florida Bar, advises the committee is currently working on this matter and plans to make suggestions to the legislature to correct this glitch.
In the State of Florida, our law firm is dedicated to assisting people with their family law needs. We practice throughout the state, but focus on Broward, Miami-Dade and Palm Beach Counties. Please contact us for a free consultation if you have any questions regarding modifying your child support to receive a reduction for significant time-sharing or for any other family law issue you have.
(THIS BLOG WAS WRITTEN FOR INFORMATIVE PURPOSES ONLY AND SHOULD NOT BE CONSTRUED TO REPRESENT AN ATTORNEY/CLIENT RELATIONSHIP. FURTHER, VARIOUS FACTORS OFTEN AFFECT THE OUTCOME OF A FAMILY LAW CASE. THEREFORE, YOU SHOULD CONSULT WITH A FAMILY LAW ATTORNEY INSTEAD OF RELYING SOLELY ON THE INFORMATION IN THIS BLOG.)
Penny Taylor-Miller, Esq.
Cindy S. Vova, P.A.
8551 W. Sunrise Blvd.
Ste. 301
Plantation, FL 33322
(954)316-3496
www.vovalaw.com
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