| Florida law requires Parenting Plans for all divorcing | | | | a provision for that in your parenting plan. Otherwise, |
| couples with children starting October 1, 2008. Florida | | | | the paying parent must return to court to obtain a |
| law divides parenting issues into three categories: | | | | reduction order. |
| parental responsibility, time sharing and support. This | | | | If you have more than one child, what happens to |
| article examines the support section of a parenting | | | | support payments when the older child turns 18? Will |
| plan. | | | | you recalculate the amount or reduce the payment by |
| Both parents have a legal requirement to support their | | | | a certain amount automatically? |
| children, regardless of the parents' marital status. | | | | Also remember that if you have a child with special |
| Florida has a formula to calculate child support in | | | | needs who will remain dependent past the age of 18, |
| Florida Statute 61.30. The calculation involves using the | | | | the court can order continuing support be paid after |
| total of both parents' net monthly incomes and the | | | | the age of 18. The same is true if your child is still in |
| chart in Florida Statute 61.30, to find the "guideline | | | | high school, but expected to graduate by age 19. |
| amount" of child support. This is the amount the court | | | | If your child will attend college, what happens to the |
| will presume is correct. It is the total amount that will be | | | | child support payment? Will cash support payments |
| apportioned between the parents based on their | | | | continue during college or will the parent pay college |
| incomes. | | | | costs in lieu of cash payment to the other parent. Is |
| Using the guidelines number, the percent each parent | | | | there an agreement for both parents to contribute to a |
| contributes toward the whole monthly amount is | | | | pre-paid tuition account? What is included in college |
| determined by dividing that parent's net monthly | | | | costs, if the parents agree to pay them? |
| income into the total income for both parents. Each | | | | Fourth, how will other child-related expenses be split? |
| parent is then responsible for his or her percentage | | | | Will the parents share the costs according to their |
| share of the total monthly child support amount. If one | | | | income percentages or split evenly? Who will provide |
| parent is paying more than his or her share, the | | | | the children's health insurance? How will the other |
| difference is eliminated with a cash payment from the | | | | parent be informed about these costs? How long will |
| parent paying less than his/her share. | | | | he or she have to pay his or her share? Will payment |
| Once the guideline amount and appropriate | | | | be waived if there is not timely notification? Is there |
| percentages are calculated, you will need to consider | | | | any other agreement about costs contained in your |
| some other items. | | | | parenting plan? For instance, if one parent has |
| First, you must add 75% of the cost of child care due | | | | assumed all costs of religious school, does that parent |
| to employment. Effective October 1, 2008, the child | | | | receive any type of credit for paying those religious |
| care percentage increases to 100%. You must also | | | | school costs? |
| add the cost of health insurance actually being paid for | | | | Fifth, will there be an Income Deduction Order |
| the child and any on-going monthly medical care costs | | | | immediately? If not, under what situations will a delayed |
| not covered by insurance. This is all done on page 2 of | | | | IDO become active? Because children and parents |
| the child support guideline worksheet. | | | | depend on child support, you may want a delayed |
| Next, is the guideline amount appropriate for your child? | | | | order to become active if payments are more than 15 |
| You can go up or down 5% from the guideline amount | | | | days late. Of course, you will have to return to court to |
| without court approval. If you want to change the | | | | activate the order unless there is language in the order |
| amount more than 5%, the court must approve the | | | | itself that permits it to be sent to the other parent's |
| change based on specific reasons that are in your | | | | employer "without further order of court." |
| child's best interest. | | | | Finally, will the parent making the cash payment be |
| The amount must be reduced if the child spends at | | | | required to have life insurance to secure his or her child |
| least 3 nights per week with the other parent. The law | | | | support obligation? The court can require life insurance |
| has a formula for making that reduction. Recent | | | | if the cost of the insurance is reasonable. Of course, |
| changes to the law require child support be calculated | | | | the chances of becoming disabled are much higher |
| according to the actual number of overnights the child | | | | than for death. While disability insurance is not |
| has with each parent starting October 1, 2008. The | | | | something a court can order, if there is an existing |
| new law specifically says that an order for 50/50 time | | | | policy that is reasonably-priced, think about a |
| sharing can include payment of child support. | | | | requirement to maintain that policy as long as child |
| Third, what events will end child support? The recent | | | | support is being paid. |
| changes to the law added these | | | | While both parents are legally required to support their |
| termination-of-support events: | | | | children, there are other expenses you should consider |
| Child emancipation (turning 18, getting married or an | | | | for the benefit of your children. Think about the future |
| order of emancipation) | | | | and the possible events that will occur in your family. |
| Child dies | | | | Calculating the basic child support obligation is only one |
| Child joins the military | | | | part of child support. Include all the provisions you need |
| If you want these, or any other events, to | | | | to support your children in your new Florida parenting |
| automatically terminate child support, you must include | | | | plan. |