Tag Archive for: child support

Does Child Support Cover Your Kid’s Extracurricular Activities?

Raising children is expensive enough considering the cost of food and housing. On top of that, extracurricular activities for children seem to grow as the kids do. Sports fees, music, and dance lessons, band, equipment, travel on the weekend to competitions, horseback riding, scouts, it all adds up.

How does Florida view these activities in light of child support?

Parents have a legal and moral duty to support their children under Florida law, whether they are married, divorced, or single. In no circumstance can a parent waive their obligation to pay child support. However, the extracurricular activities of the growing children are not always seen as a necessity.

Extracurricular activities are not addressed under the Florida child support guidelines like those expenses considered necessities – such as housing, food, and utilities.   

The costs of extracurricular activities must be shouldered by one or both divorcing parents. That could be one of the significant issues negotiated between the parents if the child is currently enjoying an expensive activity or will be in the future.

A divorcing couple may find this is just another thing on the agenda to negotiate, but if they make their children’s mental and physical health a priority, funding these activities for the child can re-establish some degree of normalcy in a home life situation that has changed.

Craft a Parenting Plan

In order to detail how life will be post-marriage, a parenting plan should include who will cover the cost of extracurricular activities. The family law court requires each parent to file their income and expenses.

In addition to that, the parents should establish the cost for the children’s activities and calculate them for one year. Determine how that cost will be shared. There may have to be some adjustments made all around, including the child’s expectations.

Additionally, both parents will have to decide who will accompany the child if the activity takes them out of town or on a camping trip, for example. 

The court can order the other parent to cover some of the costs as they have the option to deviate from the guidelines, but the other parent will have to prove why that is appropriate. Generally, it will take a special circumstance for the court to get involved.

It is far better for the parents to determine which activities the children will be involved in and how they will be paid for, rather than leave that up to a judge. Failure to develop a parenting plan can lead to an outcome you did not anticipate, such as having the cost unfairly divided or the activity eliminated entirely.

If you cannot decide who should pay, or the child requires additional support as they grow into an activity they love, the courts can later revisit a request to modify child support. 

Your Child Support Lawyer in Pensacola

Crystal Collins Spencer has spent 34 years helping both petitioners and respondents navigate the difficulties of divorce. During that time, she has guided countless spouses through the difficult marriage dissolution process.

Especially when children are involved, Ms. Spencer will be your advocate for filing the Petition for Dissolution of Marriage and crafting a parenting plan.

Alimony, child support and custody, and property division can become complicated, especially with many assets. You can be assured Ms. Spencer will pay careful attention to the details of your Florida divorce.

Whether you live in the Panhandle of Florida, including Fort Walton Beach, and Sandestin, call our Pensacola office to for a confidential review of your divorce case at (850) 795-4910.

Do I Have to Pay Child Support While My Child is in College?

College costs can be exorbitant. A growing number of college graduates have huge student loan burdens, and a shrinking number of parents are able to cover their children’s college expenses. This challenging situation becomes even more complex when you factor in child support. If you are going through a divorce or you have a child support order in Florida, you may wonder if you can be forced to pay child support while your child attends college.

Parental Obligations Under Florida State Law

Under Florida law, the court cannot require a parent to pay child support after a child graduates from high school or turns 18. There are exceptions for children with severe disabilities. This means that the court cannot order parents to pay for a child’s expenses while they are in college, regardless of whether or not the parent is financially able to support the child. While parents in some states must go to court to terminate child support, parents in Florida have a clear end date that negates the need to go back to court.

Child Support Orders from Other States

While Florida courts do not require parents to continue paying child support while a child is in college, there are states that order parents to continue child support payments as long as the child in question is attending school full-time. If Florida courts receive a child support order from another state specifying that support must continue throughout college, they will enforce that order.

Paying for College in a Divorce Decree

During a divorce case, parents may decide to write college expenses into their divorce decree. Parents may choose to split a child’s college expenses or require the higher-earning parent to cover expenses in full. As long as the terms are written properly in the divorce decree, this is a legally enforceable contract.

Providing for a Child’s Educational Needs in a Divorce Decree

A growing number of divorcing couples choose to address their children’s educational needs in a divorce decree. Many parents are uncomfortable requiring their children to begin their adult lives with student loan debt, and they may choose to avoid this issue through a clause in their divorce decree.

If you are deciding whether or not this is a viable option for you during divorce, you should discuss your options with a divorce attorney. They will look into your financial status, your ex-partner’s assets, and other factors to figure out a fair way to cover your child’s educational expenses.

Child support agreements and college agreements vary widely. For example, one divorce decree may require the non-custodial parent to cover all tuition expenses, health insurance premiums, and living expenses until a child reaches the age of 21 or stops attending college. Another agreement may require both parents to split tuition and other educational expenses without addressing living expenses.

Paying Child Support for a Child with Disabilities

As noted earlier, there is one exception that may require parents to pay child support beyond a child’s eighteenth birthday or high school graduation. If the child is expected to be dependent on the parents beyond the age of 18 due to a physical or mental disability, a parent may be required to pay child support beyond the standard termination date.

This, again, should be addressed in the divorce decree if at all possible. This may be a point of contention between ex-partners. When this happens, the court will typically decide what is in the best interests of the child in question. If you want to protect your child with special needs during and after divorce, work with your attorney to create a divorce decree that protects them throughout their lifetime.

Contact Crystal Collins Spencer for Help with Your Family Law Case

If you are facing divorce, it is essential that you discuss your options and rights with an experienced attorney. Your lawyer will negotiate terms that help you plan for the next stage in life, provide for your children, and end your marriage as peacefully as possible. Schedule your consultation with Crystal Collins Spencer now to find out what your next step is. Call our Pensacola office at 850-912-8080 to make an appointment.

How is Child Support Calculated in Florida?

The issue of child support is often one of extreme importance for divorcing spouses in Florida. To be sure, child support, which is payment from one spouse to the other for the support any shared children, is necessary to ensure their well-being.

In the Sunshine State, Florida Statute 61.30 sets forth guidelines for how child support should be calculated in a divorce case so that both spouses are providing an equitable portion for their shared children. That being said, anyone who is seeking a divorce in Florida and may be ordered to pay or receive child support should familiarize themselves with these calculations to help them be prepared for what is to come.

Calculating Child Support in Florida

Ultimately, calculating child support in Florida begins with an accounting of the divorcing spouses’ combined monthly income, as well as how many children will be supported between the pair. For example, if a divorcing couple earns a combined monthly income of $3,000, and they have one child, the spouse with a lesser degree of parental responsibilities may be ordered to pay $644 to the other. Using the same example, if this same couple had two children, the award would be $1,001 per month; and if they had three children, this number would increase to $1,252.

Of course, the child support calculation will increase along with the combined monthly income. Consider a couple that earns $5,000 per month; if they had one child, the support award would amount to $1,000, and for two children it would be $1,551.

It is important to note that the child support guidelines as set forth by Florida law only apply to divorcing parents whose combined monthly income is greater than $800 but less than $10,000. For those parents who earn less than $800, a monthly child support award will be determined by a judge on a case-by-case basis. The law does include calculations for those who earn more than $10,000. Instead, it states that the child support obligation is the minimum amount of support provided by the guidelines, along with an additional percentage multiplied by the amount over $10,000. In this case, the percentage would increase along with the number of children.

Finally, it is also necessary to understand that these are not exact calculations; instead, they are guidelines that a family law judge is required to consider when awarding a child support amount. That being said, a judge may order a child support award five percent larger or smaller than the guidelines include. Furthermore, in certain circumstances, the judge may order an award that differs by a greater amount, however, they must also include a written finding explaining their decision.

Modification of a Child Support Award in Florida

Many parents are under the impression that once a child support award is ordered, it must continue until the child becomes an adult. This isn’t the case, though; instead, Florida law allows for modification of a child support award for a number of reasons. For example, if one parent loses their job or other source of income, they may petition to pay a lower amount each month. On the other hand, if the paying parent receives a promotion or their income increases, the recipient may petition for a greater award in order to reflect the changes.

The Assistance of an Attorney is Invaluable in Child Support Cases

Overall, the importance of working with an attorney in a child support case cannot be overstated. Parents who represent themselves run the risk of losing out on child support money that they are rightfully owed, or being stuck with a monthly payment that is well above their means.

If you need help with a child support case in Florida, we can help. At the office of Crystal Collins Spencer, Attorneys at Law, we have significant experience assisting clients with all issues related to family law. Call us today for a consultation on your case at 850-912-8080 (Pensacola), 850-424-6683 (Sandestin), or 850-200-4652 (Fort Walton Beach).