Child Support and Arrearage Counsel – Palm Beach & Martin Counties

There are a number of factors, which will be considered before a final amount is set. The most important guideline in Florida is that the state mandates child support to be in the best interest of the child, not the best interest of the parent. In other words, parents may not always be happy with how the court rules and may need to make some sacrifices in their own lifestyle to make sure their child/children are properly taken care of.

After taking into account how many minor and special need children are involved, one of the most important factors, in setting child support, is the number of overnights a child will have at each parent’s house. Spending a complete day with your child does not count as an overnight; the child must spend the entire night for it to count. Other factors to be considered will be what are typical expenses incurred by each parent in caring for the child, what is the income and earning potential of each parent, how much is each parent presently contributing to the care of the child, and if there are any special needs that are on-going such as health or educational issues.

Before taking into consideration the factors of each individual case, Florida law has developed a Child Support Guidelines Worksheet, which is a chart showing the minimum support payment a parent is required to make. It is at this point where Attorney Gisondo will be most helpful as there will likely be other factors toward setting the child support amount and he will know how to proceed and which factors can be used. He will be able to file a Motion to Deviate from Child Support Guidelines, Florida Supreme Court Approved Family Court Law Form 12.943 which is required if either parent wishes to deviate from the state child support guidelines. A computer program has been developed which will, given all the pertinent information, figure the amount to be awarded at mediation or by the judge.

Yes, others who have custody and are legally responsible for a child’s care can be the recipient of child support monies.

These issues are important and will be handled separately from the child support award. Attorney Gisondo will guide you in these matters.

As long as there is a court ordered award for child support, the parent or person not receiving the adjudicated amount has two options.

First it is possible to have the Florida Department of Revenue, Child Support Enforcement handle your case at no cost to you. However, the waiting period can be months as they usually are servicing over a thousand cases at a time. Too, you never speak to or see the attorney representing you until the day of your court hearing so there is really no time to prepare on a personal level.

Your second choice is to use a qualified, Florida Family Law attorney. If you live in Palm Beach, Martin, Port St, Lucie, Miami-Dade, Broward, Orange, or Hillsborough county a good choice is Attorney Gisondo, PA who is experienced and knowledgeable in the area of child support arrears and would be able to give your case personal attention in a timely manner.

A judge in Florida can order several methods of enforcement, all of which require competent legal work, which Attorney Gisondo is well qualified to handle. The most frequently used methods include:

• Incarceration of the parent in arrears for up to 179 days in jail or until part or all of the arrears are paid
• Garnishing the bank account of the parent in arrears until the owed amount is paid in full
• Suspending a car registration, license plate and even the license of the offending parent until at least part of the amount owed is paid
• Canceling the owing parent’s passport until the full amount owed is paid
• Taking the income tax refund monies of the parent in arrears and using it towards paying off the amount owed.

All in all, the state of Florida tries it’s best to see the children of broken relationships receive the financial help they deserve for a healthy and enriching life.