we have been seperated for quite awhile and have worked well and civilly. we ahve a even split time share. We share in all the child's cost. do we have to file for support? Will the jduge make one party pay the other? especially when we have worked it out just fine the past year and a half? and we split the child week on week off so both parties wreally share in all cost fairly
Family Law Attorney
Child support is mandatory in Florida. Of course, given that you "split custody," it's possible that the child support guidelines won't require that support be paid. You can calculate child support by using the forms at www.flcourts.org, or there are two good iPad/iPhone apps that have been developed recently for around $5. Nothing, by the way, prevents the person receiving the child support from giving the money right back.
The contents of this answer should be considered friendly advice, not legal advice (I'm a pretty friendly guy), and the answer should not be construed to constitute an attorney-client relationship. If you'd like actual legal advice, call me for a free consultation at 813-635-0222. Also, if you liked this answer as much as my big ego thinks you did, be sure to click the thumbs-up button!
Child Support is provided for in Florida statutes, thus, parties cannot negotiate away from having to pay for child support. However, child support is also based on income, and time-sharing (i.e. custody). If your income is relatively close and the time-sharing is also close to 50/50, then the guidelines for child support may provide for little to no support. Parents can, however, deviate around 5% from the child support guidelines, however, everything must be approved by a judge.
If you have questions and simply want a consult, we'd be happy to set up an appointment. Moreover, our firm also provides documents drafting services for a flat fee for those parties wishing to represent themselves.
Note: The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.
Family Law Attorney
Well, a judge must approve your agreement. If it does not have a good reason or explanation of why child support is not included, the judge can order it (since they see child support as a right that belongs to the child and the parents cannot agree away). You may want to be very careful with the drafting and language of the agreement so that your wishes and your future ex's wishes are included, your child's rights are protected, and the judge is happy and accepts the agreement. As if everything would be so easy right?
Alejandro R. Lopez, Esq.
Law Office of Alejandro R. Lopez, P.A.
4465 Edgewater Dr.,
Orlando, Fla. 32804