Family Legal & Mediation services

Florida Child support & Timesharing Lawyer

Florida Child Support Services

Divorce often brings intense emotional turmoil, significantly impacting both adults and children in the household. As a Florida child support lawyer, we understand the profound effect such stress can have, particularly when it involves disputes about children’s living arrangements. 

The added tension of determining where children will reside exacerbates the situation for both parents and their children. In cases where mutual agreement on a Parenting Plan and Time-Sharing Schedule remains elusive, the court’s intervention becomes necessary. The prospect of a judge dictating visitation schedules can be daunting. The challenges escalate when parents have to manage their child’s time in two different homes, often leading to heightened stress and complicated living dynamics.

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Child Custody is now Parenting Plans and Time Sharing

In an effort to reduce parental conflict, both now and in the future, the state of Florida has done away with the concepts of “custody” and “primary residential care.” Both of the terms connoted that one parent was superior to the other.
The focus these days is on Shared Parental Responsibility and it is now the policy of Florida that both parents should have an ongoing and regular relationship with their children post-divorce.
In making decisions about the children, the Court will always consider the best interests of the children and the Court has a great many factors it must consider in determining what is in the best interests of the children. Most important of these factors is which parent will do the most to insure that the other parent has a good relationship with the children. Other factors involve the historical primary care giver, the stability of the parties, their economic circumstances and how they are going to be able to handle their child rearing responsibilities post-divorce.

During your case we will develop our proposed Parenting Plan, which is the document that describes how the parties are going to co-parent the children after their divorce is over. The primary component to the Parenting Plan is the Time-Sharing schedule, which determines when the children will be with each parent. The Time-Sharing schedule addresses the school year schedule, the summer schedule and the holidays’ schedule. Obviously, this schedule is vitally important to both parents. We work with our clients to develop a strategy to convince the Court that our client should have the time-sharing schedule that they seek while still remaining focused on the best interests of the children.

The Parenting Plan also addresses which school the child will attend, how decisions will be made about the child’s education, health, religious training, and other important aspects of the children’s lives. Extra-curricular activities and the cost of medical insurance and uninsured medical expenses are addressed as well. Virtually every aspect of the children’s lives, including who gets to claim the children as a tax deduction is determined by the Parenting Plan.

Child Support and Time Sharing FAQ's

What is standard time-sharing in Florida?

This law allows unwed fathers to gain custody rights and support obligations without the need to go to court to establish paternity. With these equal rights, unmarried fathers can now have an equal say in their child's education, healthcare, religion, time-sharing, and overall safety.

How does time-sharing affect child support in Florida?

The Florida Statutes allow for a reduction in child support if the paying parent has the child for more than 20% of the nights in a year. 20% is equivalent to 73 nights over the course of a year. Each night above 73 will provide a slightly greater reduction of the parent's child support obligation.

Do I have to pay child support if I have 50 50 custody in Florida?

Florida uses its child support guidelines to calculate child support obligations. The guidelines generally mandate some form of support. Therefore, you might still owe child support even though you share 50/50 custody.

Can a parent waive child support in Florida?

Under Florida's child support law, parents can't waive child support obligations. Together, parents can stipulate and agree on the amount of child support payments. However, Florida law states that the amount of aid must be in the child's best interests.

Is there a presumption of 50/50 timesharing in Florida?

Timesharing is determined based on factors presented in Florida Statute 61.13.  It is important to know that the public policy of the State of Florida is for the child(ren) to maintain continuing and frequent contact with both parents.

If I am paying child support through the Department of Revenue, do I automatically obtain timesharing?

If the parents were never married, timesharing can only occur if the parties agree or if there is no agreement, a paternity action is filed in family court requesting a court order deeming the father to have legal rights over the child, which includes timesharing.

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