Florida Statutes create the guidelines for establishing the child support obligations from one parent to the other, but what happens if the obligated parent doesn’t use their allotted time-sharing?
Florida Statute Chapter 61 establishes the ramifications for those who are ordered to pay child support but don’t use their allotted time-sharing with the child/ren. Essentially, if the Court orders a parent to pay child support based on a certain time-sharing schedule, and the obligated parent does not use their time-sharing after the order is entered, the receiving parent can seek a modification of the child support presently and retroactively to the date the obligated parent ceased using their allotted time-sharing. These ramifications are in place because child support amounts are largely dictated by the amount of overnights each parent is understood to have with the child/ren.
Florida Statute states, “a parent’s failure to regularly exercise the time-sharing schedule set forth in the parenting plan, a court-ordered time-sharing schedule, or a time-sharing arrangement exercised by agreement of the parties not caused by the other parent which resulted in the adjustment of child support pursuant to subparagraphs (a)10 or (b) shall be deemed a substantial change of circumstances for purposes of modifying the child support award. A modification pursuant to this paragraph is retroactive to the date the non-custodial parent first failed to regularly exercise the court-ordered or agreed time-sharing schedule.” Further, the statute dictates that the Court shall apply the guidelines schedule in effect at the time of the hearing subject to obligor’s demonstration of his or her actual income during the retroactive period. Failure to do so shall result in the court using the obligor’s income at the time of hearing in computing child support for the retroactive period.
While the Court is able to consider other factors in evaluating this sanction, it is important to have educated and well-versed counsel to guide you, as many strategic decisions can take place in pursuing a modification or defending the same. The Rice Law Firm has handled many child support determinations and modification proceedings since 1986. Contact us today at our Daytona Beach location at 386-310-2914.