Child Support
Bradenton, Sarasota, and Venice, Florida Divorce Child Support Lawyer
Child support issues can leave you feeling stuck between protecting your child and defending your own stability. Whether you’re the parent seeking support or the one expected to pay, the legal system can feel cold and complicated when all you want is a fair outcome. That’s why having a trusted and experienced Florida child support lawyer on your side can make such a difference. At the Law Offices of Matthew Z. Martell, P.A., we don’t treat your child support like a stack of paperwork—we treat it like the life-altering matter it is. We bring years of focused legal experience in Florida family law and a deep understanding of the Manatee County and Sarasota County courts system to every client we serve. Below, the Law Offices of Matthew Z. Martell, P.A breaks down what you need to know about child support in Bradenton, Sarasota, and Venice, Florida; your legal options, and how working with a Bradenton, Sarasota, and Venice, Florida divorce child support lawyer can help you move forward with clarity and confidence.
How Child Support Works In Florida
What Florida Law Says About Child Support — Florida law says both parents are financially responsible for their child. The legal rules for child support are found in Florida Statutes § 61.29 to § 61.30. These laws explain how courts figure out how much child support should be paid, based on both parents’ incomes and the needs of the child. The idea is to make sure kids get the financial support they would’ve had if the parents were still together.
How Support Is Calculated — Florida uses a specific formula to figure out support amounts, found in Florida Statutes § 61.30. It takes into account each parent’s monthly net income, how many children are involved, and the number of overnight stays the child has with each parent. Net income means what’s left after taxes, health insurance, and a few other allowable deductions. The court looks at both parents’ finances and plugs the numbers into a chart that gives a guideline child support amount.
Expenses That Can Affect the Final Amount — In addition to income, the court will consider costs like daycare, health and dental insurance for the child, and special needs expenses. If one parent pays for these directly, it can reduce or increase the total amount of support. The time-sharing schedule also plays a big role—if both parents have the child overnight at least 20% of the year (73 overnights), that can lead to an adjustment under this formula.
Temporary Vs. Final Child Support Order — Sometimes the court will order temporary child support before the case is finished, especially in divorce or paternity cases. This helps make sure the child’s needs are met while the legal process plays out. Once everything is finalized—like custody, income, and other details—the judge will issue a final child support order. This final order can be modified later if there’s a significant change in circumstances, but it stays in effect until then.
If You’re Not Married, Paternity Must Be Established First — Florida doesn’t automatically assume legal fatherhood unless you were married when the child was born. If you weren’t, then paternity needs to be legally established before child support can be ordered. This can be done voluntarily or through court with DNA testing. Once that’s done, the support process works the same way.
What if You Don’t Agree — If you and the other parent don’t see eye to eye on how much support should be paid or how often the child stays with each of you, the court will decide based on the law and the facts. You’ll each need to submit detailed financial affidavits, and the judge will make a ruling using the state guidelines. It’s not about who makes more noise—it’s about what the numbers and the law say.
How Much Child Support Will You Pay or Receive?
Florida Child Support Guidelines — The starting point for figuring out child support in Florida is the Florida Child Support Guidelines found in Florida Statutes § 61.30. These guidelines use a formula that looks at the combined net income of both parents, the number of children, and the amount of overnight visitation time each parent spends with the children. The court uses this formula as a baseline, but it can adjust the amount if there are special circumstances.
What Counts As Income — Your income isn’t just your paycheck. Florida law includes many types of income when calculating child support, such as wages, bonuses, overtime, self-employment earnings, disability payments, rental income, and even regular gifts. Net income means what’s left after taxes, health insurance, and, if applicable, mandatory retirement or union dues are taken out. If one parent is unemployed or underemployed on purpose, the court can “impute” income to them—basically, assign them a reasonable income amount based on their past jobs or earning potential.
Time-Sharing Matters — The number of overnights you have with your child can affect the amount. If each parent has the child for at least 20% of the overnights in a year (that’s 73 nights), the child support guidelines adjust to reflect shared custody. This change can either reduce or increase the support depending on how the income and overnights are split.
Other Costs That Get Added In — Support doesn’t stop with the basic monthly amount. The court can also factor in health insurance premiums, uncovered medical costs, child care expenses related to work or school, and sometimes extracurricular activity costs. These extra costs are usually divided based on the parents’ income percentages.
Special Circumstances — The judge can go above or below the guideline amount if it would be unfair not to. Under Florida Statutes § 61.30, the court can adjust support upward or downward by up to 5% for reasons like a child’s special needs, a parent’s debt obligations, or one parent’s ability to pay. If either side wants a larger change than 5%, they must prove that the guideline amount would be unjust or inappropriate.
Example Scenario — A typical case might involve one parent earning $4,000 a month and the other earning $2,500. With one child and no shared overnights, the parent with lower income might receive around $700–$800 per month, depending on deductions and added expenses. But these numbers can shift a lot if either parent’s income or timesharing overnights change.
What Happens if the Other Parent Won’t Pay?
Florida Child Support Enforcement — If the other parent isn’t paying child support, there are several ways to make them. The Florida Department of Revenue handles most enforcement cases. They can use wage garnishment, seize tax refunds, suspend driver’s licenses, and more. These actions are allowed under Florida Statutes § 61.13016 and related enforcement laws.
Going To Court For Enforcement — If state enforcement efforts aren’t working fast enough, you can file a motion in court. A judge can eventually hold the non-paying parent in contempt of court, which may result in fines, attorney’s fees, or even a short amount of jail time. If the court finds that the parent willfully refused to pay despite being able to, they can later order more aggressive penalties.
License Suspensions And Liens — The state can also put serious pressure on someone who won’t pay. Florida law allows for the suspension of driver’s licenses, professional licenses, and even hunting or fishing licenses. The Department of Revenue can also place liens on property and freeze bank accounts when the unpaid amount becomes large.
Back Pay And Retroactive Support — Unpaid child support doesn’t go away, even if the child turns 18. You can still collect it years later. Florida courts can also award retroactive child support going back up to 24 months before the date the case was filed, according to Florida Statutes § 61.30. This often applies when one parent didn’t pay anything after separating but before a court order was in place.
What A Lawyer Can Do — Having a child support lawyer on your side makes the process quicker and more effective. A lawyer can help you file enforcement actions, go to hearings, and make sure the court sees that the other parent has the ability but not the willingness to pay. They can also help collect overdue payments and protect your rights if you’re the one accused of falling behind.
Can You Change Your Child Support Order Later?
When You Can Ask for a Modification — Florida law allows you to ask the court to change your child support order, but only in specific situations. Under Florida Statutes § 61.30, you need to show there’s been a “substantial, permanent, and involuntary” change in circumstances. That means something big has to change in your life—or the other parent’s life—and it can’t just be temporary. Common examples include losing your job, a major change in income, changes to the child’s needs (like medical costs), or a shift in the time each parent spends with the child overnight.
How Much the Change Has to Be — The law also says the difference between what you’re currently paying and what you should be paying has to be at least 15% or $50 (whichever is greater). This is also part of Florida Statutes § 61.30. If the amount is lower than that, the court won’t modify your order.
How To File a Modification Request — If your divorce is over, then you’ll need to file a Supplemental Petition to Modify Child Support with the circuit court that issued the original order. After filing for a modification, you’ll have to serve the other parent with the paperwork, go through financial disclosure again, and attend mediation, and eventually attend a hearing. If both sides agree, the judge can approve the new amount without a trial. But if you disagree, the court will decide based on the new evidence.
Why You Should Talk to a Lawyer First — It’s possible to file on your own, but child support modification cases often get complicated, especially if the other parent contests the change or if you’re unsure whether your change qualifies under the law. A local child support lawyer near you in Sarasota, Bradenton, or Venice, Florida can help you figure out if you have a strong case and handle the filing for you. That way, you avoid mistakes and delays that could cost you money or time.
How Do You Start a Child Support Case in Manatee County or Sarasota County?
Who Can Start the Case — Either parent can start a child support case in Florida. You don’t have to be married, and you don’t need to be the child’s primary caretaker. If you’re not the one receiving support but believe you’re paying too much or the other parent isn’t contributing enough, you still have the right to file. The case usually starts in the circuit court in the county where the child lives, which for Manatee County and Sarasota County residents is the Twelfth Judicial Circuit Court.
Steps To File the Case — You’ll need to complete and file a Petition for Support if it’s on its own and not in a divorce case. This is governed by Florida Statutes § 61.13. Along with the petition, you must submit a financial affidavit, a child support guidelines worksheet (based on Florida Statutes § 61.30). Once everything is filed, you have to serve the other parent formally—usually through either the sheriff’s office or a private process server.
What Happens After You File — Once both sides have been served and respond, the case may go to mediation to try to reach an agreement without a hearing. If you can’t agree, the court schedules a hearing or a trial. There, the judge looks at both parents’ incomes, the time-sharing plan, and other costs like health insurance and daycare before entering a final order.
Using the Florida Child Support Guidelines — The judge must follow the guidelines in Florida Statutes § 61.30, unless there’s a legal reason to go above or below them. These include things like high medical expenses, special needs, or if a parent is voluntarily unemployed. The formula considers both incomes, number of overnights with each parent, and other expenses like daycare and health insurance.
How a Lawyer Helps With the Process — Even though the forms are available online, this process can be confusing. You may not know what qualifies as income, or how to present your parenting plan to the court. A Sarasota, Bradenton, and Venice, Florida child support lawyer near you can guide you through every step, from filing to court hearings, and help make sure the outcome is fair and based on accurate information. Mistakes at this stage could affect your finances for years.
What Does a Sarasota, Bradenton, and Venice, Florida Divorce Child Support Attorney Do?
Help You Understand Your Rights — If you’re dealing with a child support issue in Sarasota, Bradenton, or Venice, Florida, a child support attorney can help you understand exactly what the law says you’re entitled to. Florida child support laws are based on Chapter 61 of the Florida Statutes, especially Florida Statutes § 61.13 and Florida Statutes § 61.30. These laws explain how child support is calculated and enforced. A family law lawyer can break all this down in plain terms, so you’re not left guessing how much support might be owed, what your responsibilities are, or what happens next. Whether you’re expecting to receive payments or may have to pay them, having a divorce child support attorney in Sarasota, Bradenton, Lakewood Ranch, and Venice, Florida explain your rights under the law can make a huge difference.
Make Sure The Numbers Are Right Under Florida Child Support Guidelines — The amount of child support in Florida is figured out using a legal formula called the “Florida Child Support Guidelines,” found in Florida Statutes § 61.30. A Sarasota, Bradenton, Lakewood Ranch, and Venice, Florida divorce child support lawyer will take your financial information, the other parent’s financial details, and key facts like how many overnights each parent has and plug them into the formula correctly. Mistakes in calculations are common when people try to handle this alone, and even small errors can lead to big financial problems. An experienced lawyer makes sure it’s done properly, so you’re treated fairly.
Handling the Legal Process So You Don’t Have To — The legal system can be overwhelming. There are forms to file, hearings to attend, and strict rules about what information you have to provide. A Bradenton, Lakewood Ranch, Sarasota, and Venice, Florida divorce child support lawyer near you will file the right documents, meet court deadlines, and represent you in front of the judge, magistrate, or hearing officer. That way, you’re not stuck trying to figure it out yourself or risking your case getting delayed or dismissed because of paperwork mistakes.
Protect Your Long-Term Interests — Child support is about more than a monthly check. It can include health, dental, and vision insurance; uncovered medical, dental, vision and prescription expenses, childcare costs, school expenses, and more. If you’re not careful, you could end up agreeing to terms that hurt you financially or don’t reflect your child’s actual needs. A local divorce lawyer near you who knows how Manatee County, Sarasota courts, and Venice. Florida courts usually handle these cases and can make sure your long-term interests—and your child’s—are protected under Florida law.
Stand Up for You in Difficult Situations — Not every case is simple. Maybe the other parent is hiding income, refusing to pay, or claiming you’re underreporting. Maybe you’re worried about being ordered to pay more than you can afford. A trusted Florida divorce child support attorney has the experience to handle disputes like these. They can file motions, collect evidence, and fight for a fair outcome. They’re not just there for paperwork—they’re there to advocate for you when it matters most.
Frequently Asked Questions About Child Support in Bradenton, Lakewood Ranch, Sarasota, and Venice, Florida
