Divorce FAQ

 

Question: How much will I have to pay in child support?
Answer: In order to calculate child support accurately you need to know your spouse’s gross monthly income, in addition to the child’s health insurance and daycare expense.


Question:
Do I get a reduction in my child support payment if I spend more time with the child?
Answer: Once a child spends at least twenty (20%) percent of overnights during the year, which is equivalent to seventy-three (73) overnights per year, with the parent paying child support, that substantial contact with the child requires the court to reduce the child support amount pursuant to the child support guidelines.


Question:
What if I have made an agreement with my spouse not to pay any child support?
Answer: The Court is not required to accept an agreement between parents waiving child support, if it is not in the child’s best interest.


Question:
If my husband fails to pay child support may I legally deny him timesharing/visitation?
Answer: No, a parent who does not pay child support may not be denied timesharing.


Question:
If my wife denies me access to the children may I legally refuse to pay child support?
Answer:
Likewise, a parent may not refuse to pay child support because he/she is being denied access.


Question:
Does child support still terminate once the child turns eighteen (18) years old even if the child is still in high school?
Answer:
Child support may be extended beyond a child’s 18th birthday provided he or she is attending high school on a good faith basis with the anticipation of graduation prior to the age of 19.


Question:
Do I lose my rights to my property if I move out of my house?
Answer: No, One still maintains their marital interest in any equity the property may have acquired during the marriage.


Question:
Will I be entitled to alimony from my spouse?
Answer: In order to be entitled to alimony you must show that you need support from your spouse and that he or she has the ability to pay that support. Once you prove need and ability to pay, the court takes into consideration numerous factors such as the length of the marriage, your age, and the standard of living during your marriage and many other factors to determine the type of alimony you may be entitled to, as there are many different types of alimony. Those different types of alimony vary in the length of time a spouse must pay the other spouse the support.


Question:
May I move with my child from my current residence?
Answer: If you are changing your principal residence at least 50 miles from your current location for at least 60 consecutive days F.S. 61.13001(1)(e) defines that as relocating and you must obtain written consent from the other parent prior to moving. If the other parent does not agree to the move the person seeking to relocate must file a petition to relocate and serve it upon the other parent and may not move without obtaining a court order first. F.S. 61.13001(3).


Question:
Does my spouse have to pay my attorney’s fees?
Answer: The court awards attorneys’ fees in dissolution of marriage cases based on the financial resources of the parties. The party seeking attorney’s fees must show he or she has the need for attorney’s fees and that the other party has the ability to pay reasonable attorney’s fees. The purpose for awarding attorney’s fees is to ensure that both parties have a similar ability to secure competent legal counsel.