Family Law

Bernstein Law was founded on the principle to bring service back into the legal profession. No more not getting a return call from your attorney, or being told that they are in a meeting. At Bernstein Law the philosophy is simple, we are in the service industry.

ST. PETERSBURG CHILD SUPPORT ATTORNEY

WHAT IS CHILD SUPPORT?

Child support is a statutory requirement that both parents have to their child. While some may look at it as a punishment or being unfair the State of Florida enacted Florida Statutes (F.S.) 61.30 and F.S. 61.13 with the intent to make sure that a child has the necessary financial requirements to be taken care of.

Who has to pay?
Back in the day we all knew people who were divorced and child support was always heavily done by men to women. With the Florida Statutes in place the statutes are blind to gender. Even though most people still believe Family Law favors the Mother, the guidelines take into account things such as over-nights and income of individual parents.

Over-Nights
One of the largest factors in child support has to do with the amount of over nights the child spends at each parents home. The rationale behind this is that if the parent is housing the child overnight, they are providing space for them, food, electric, water, etc.

Income of the parent
The other large factor taken into account is the income of the parent. The guideline is essentially a formula where you plug in overnights and income to determine each parent’s responsibility to the child. A high earning parent who has the child less than 20% of the time, should foresee that the person will have to pay child support.

Do the courts move away from the Guidelines?
In some instances the courts do move away from the guidelines. Upon a written finding explaining why ordering payment of such guideline amount would be unjust or inappropriate the Court may depart from the guideline. The Court takes into account things that the guideline does not such as after-school care, day care, private school, summer camps, and luxury activities, needs of the children, standard of living etc.

Can a Child Support obligation be changed later?
Yes. The Court requires however, a Substantial Change in circumstances to modify the child support amount. The courts bare need to be met before even considering a change is at least 15% or $50 difference in the guidelines amount. When setting a child support amount, for the substantial change requirement, you must work with your lawyer closely and bring up all factors coming up in the future to make the best argument for proper support for the child.

If you need more information or are ready to file Child Support
If you are considering child support and need to speak to an attorney for a free consultation please reach out to Attorney Derek Bernstein via email at dbernsteinlaw@gmail.com or by calling his cellphone at 407-405-4684 to schedule an appointment.

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