Child Support: It All Depends
By K. Dean Kantaras and Maurice Q. Thurman
Often, the primary concern for
parents going through a family
separation or divorce is the
welfare and financial security
of their children. One of the most important
ways that family law courts ensure that
minor children are cared for after a divorce
or separation is through child support. In
most cases, parents owe a duty of support
to their minor children until they have
reached the age of 18 or have otherwise
been emancipated. Therefore, parents need
to understand their financial obligations
to their children during and after a family
separation.
There are several factors that courts
consider when determining how much
child support a parent may receive after
separation. One of the most important
factors is the number of overnights that
each parent will spend with the child.
Typically, the parent who spends the
majority of overnights with the child will
receive child support, and the parent who
has the least number of overnights with
the child will usually have to pay child
support to the other parent.
Another important factor that courts
consider when calculating child support
is the income of both parties. Family law
courts require each parent to file a financial
affidavit detailing their individual income,
expenses, assets, and debts. Generally, the
amount of child support owed to a parent is
relative to the combined net income of the
parents. When calculating child support,
family law courts will consider all sources
of a parent’s income, including wages,
bonuses, tips, and overtime pay. Courts
may also consider monetary gifts as a
source of income if the gifts are recurring
and expected to continue in the future.
LAARWT
K. Dean Kantaras, Esq.
142 TAMPA BAY MAGAZINE | SEPTEMBER/OCTOBER 2017
Florida law also allows parents to
deviate from the standard child support
guidelines. The amount may vary
depending on the needs of the child, the
child’s age, and standard of living. Other
deviation factors include the special needs
of the child, such as extraordinary medical
expenses, or, as in the case of Koslowski
v. Koslowski, the court may deviate from
the guideline amount and include the costs
of alternate child caregiver expenses for a
disabled child. 78 So. 3d 642, 644 (Fla. Dist.
Ct. App. 2011).
Child support is an important part
of any family separation or divorce. It
is oftentimes helpful to consult with an
attorney who can assist parents with
calculating a proper amount of child
support. 9
EDITOR’S NOTE: K. Dean Kantaras has been
licensed to practice law in Florida for more
than 24 years. Mr. Kantaras is the managing
partner of K. Dean Kantaras, P.A., a firm
handling cases in family law and immigration.
Mr. Kantaras is board certified in marital and
family law by the Florida Bar, a distinction
held by less than 1 percent of all attorneys
licensed to practice in Florida. He is “A” rated
by Martindale-Hubbell, the highest possible
rating. He is a member of the Supreme Court
of the United States, the United States Court
of Appeals for the 11th Circuit and Middle
District, The Florida Bar, and the Clearwater
Bar Association. Maurice Q. Thurman, Esq.
is an associate attorney at the firm. He is
a member of the Florida Bar, Clearwater
Bar and Canakaris Inn of Court. Their
offices are located at 3531 Alternate 19,
Palm Harbor, 34638, (727) 781-0000 and 1930
East Bay Drive, Largo, 33771, (727) 544-0000,
kantaraslaw.com.
A court may also assign income
to a parent for calculation of child
support if that parent is unemployed or
underemployed. In order to impute income
to a parent, the court must first determine
whether the parent’s unemployment or
underemployment is voluntary. Second,
the court must determine whether the
parent made a good faith effort to find
employment at an equal or better level than
the parent previously earned. For example,
in the case of Department of Revenue ex.
rel. Marquette v. Hennessey, the mother
was voluntarily unemployed in choosing
to remain home with her second child, so
it was appropriate for the court to impute
income to the mother to support her first
child, who was living with the father.
812 So. 2d 442 (Fla. Dist. Ct. App. 2001).
After the net income and overnights
of each parent is determined, the child
support amount is calculated pursuant
to a standard formula under Florida law.
This standard formula, which combines
the net income of the parents, produces
a child support guideline that is used by
the court to determine the minimum child
support obligation of each parent.
/kantaraslaw.com