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Florida Child Support Guidelines and Seasonal Income Variations
In a Florida divorce or a Florida paternity case, the law sets out a specific schedule that determines how much child support each party is responsible for based on the income of both parents and the number of children in the family. We have previously discussed, however, that the law provides for certain exceptions from these guidelines, such as the demonstrated need for one party to financially support an elderly parent or certain extraordinary medical or educational expenses.
Another exception is seasonal variations in one or both parents' income. What does this mean and how would a court interpret this provision? One example might be a teacher who gets paid his salary during the school year when he's in class teaching but not over the summer. Another example could be a salesman who gets paid mostly on commission and sees larger paychecks around the holiday shopping season. These are only two circumstances for which the court could deviate from the established guidelines. There are many others.
Bottom Line: If you find yourself having trouble meeting your child support obligations due to changes in your income from month-to-month, consult with the best St. Petersburg divorce attorney to make sure you receive the reasonable accommodation as provided by law.
(copyright Stann Givens 2009)
A spouse who does not make timely support payments can have his or her wages garnished through the Florida Child Support Enforcement Department. The court orders that alimony be automatically taken from the paying spouse's paycheck. The court can also order that the paying spouse give the alimony payments to the Support Enforcement Department, which will give the money to the receiving spouse. The department acts as a third party which manages the collection and distribution of support payments on a statewide basis. If the paying spouse of child support or alimony fails to make timely and sufficient payments, the court can suspend the paying spouse's driver's license.
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