CHILD SUPPORT AND THE 40% RULE
Recently a woman retained my services for a post judgment matter.
She had been divorced for a number of years and was faced with an
intriguing problem. Last year her former husband inquired of her as
to whether he could perhaps spend more time with their minor child.
She was at first hesitant, but after giving it some thought, she
decided that she would not stand in the way of the “father/child
relationship”. She agreed and a formal Modification of their Final
Judgment was filed with the court. Her former husband and child were
given more time together on a weekly basis. It appeared to be a
“win/win” situation for all concerned.
Within two months she was served with a surprise! Her former
Husband filed another Petition for Modification, this time
requesting a decrease in his child support obligation. It seems that
the additional time she graciously gave to him, resulted in a
visitation schedule which gave the former husband approximately 40%
of the overnights each month. If the mother had consulted with an
attorney before she agreed to the increased visitation she would
have known that the additional time would result in a decrease in
support.
Child Support in Florida is determined by the Florida Child
Support Guidelines. It is based upon the income of both parents and
normally does not consider the amount of time a parent spends with a
child. However, if the non custodial parent spends a minimum of 40%
of the overnights each month with the child/children the support is
based upon time spent. This results in a reduction in support. The
concept is based upon the theory that the more time a parent spends
with the child/children, the more money he/she will directly spend
on the child/children. This is normally a positive approach to issue
of support.
For my client, however, was faced with a situation she never
anticipated. By agreeing to give her former Husband additional time
with their child she was now facing a rather substantial decrease of
several hundred dollars a month. For a single mom this could be a
financial dilemma. The law requires a mandatory reduction in support
based upon the increased time sharing. It appears however that the
court can adjust the amount based upon a number of factors including
the economic hardship it might cause for the child.
In any event, we settled the case for an amount less than what
she was previously receiving. She mentioned to me how she wished she
had consulted with me before she agreed to the extra time.
Hopefully, those of you who need the advice of a lawyer will keep
that in mind.
If you would like any additional information please call me at 954 385-9160 to schedule an appointment.
