Unless the divorcing parties can come to an agreement, the family law judge will order the payment of both child support and alimony, otherwise known as spousal support. The Florida legislature intended Child support to provide money for the child's day-to-day living, education and other needs. The legislature intended alimony to maintain as closely as possible the lifestyle of the parties prior to the divorce and, at times, fairly divide the marital property.
Calculating Child Support
The Florida court calculates child support using an equation that was enacted into law by Florida's legislature. Basically, the court will calculate the amount of child support by adding together the after-tax incomes of both parents. The court then uses this amount to obtain the support level from a chart, which is the amount of money that should be set aside for supporting the child. If one parent brings in more income than the other, that parent will pay child support to the other parent based on the proportion his income contributed to the total. For example, if the chart indicates that the level of support is $2,000 per month, and one parent contributed 80 percent of the household income, that parent will pay $1,600 to the lesser-earning parent in child support.
The Best Interest of the Child
In certain circumstances, Florida law allows the court to award an amount different than that determined by the child support calculation. In doing so, the court will take into consideration the best interests of the child. For example, the court may consider the earning capacity of each parent, the anticipated division of responsibilities in raising the child and the moral character of each parent. If these factors result in what the court deems an amount different and more equitable to the child than the statutory amount, the court may award this modified payment.
Calculating Alimony
In awarding alimony, or spousal support, the court determines the amount by analyzing certain factors. According to Florida law, the court must learn from the parties the standard of living during the marriage, the duration of the marriage and the earning capacity of each party. The court may also consider if one of the parties committed adultery during the marriage and can modify alimony accordingly.
Modifying Child Support and Alimony
Florida law allows for the modification of both child support and alimony if the situation meets certain conditions. Basically, some sort of change has to have come about for the court to consider modifying an order for either child support or alimony. For example, if a small amount of alimony is awarded to the wife from the husband, and the wife subsequently loses her ability to earn income, she may be able to petition the court to modify the alimony payment.
Retaining an Attorney
The court must follow Florida laws when awarding both child support and alimony. However, the court does retain some discretion in determining the amount of either payment to be awarded to one party or the other. An attorney specializing in family law will have a deep understanding of the particulars of the law that, if properly raised in court, can make a great difference in the amount of the payments. Retaining one of these attorneys can pay for itself in properly representing your interests and increasing your monthly cash flow after the divorce.
