Reducing Child Support
In the state of Florida, child support laws have been adjusted to accommodate the actual number of overstays that each parent has with the child. On this page, you will find information on the changed law and will see how it can affect your specific case. If you have any questions or need guidance, speak with the Tampa divorce lawyer at Catherine W. Real, P.A.
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Income Deduction Orders
In the past, Divorce Courts have imposed an obligation on one spouse to pay child support and to enter an order, which is similar to a Garnishment Order, called an Income Deduction Order. The Income Deduction Order is sent to the father's employer to ensure that the child support is paid.
As an example, let's pretend that a father is ordered to pay $1,000 per month in child support for two children. This income deduction order is sent to the father's employer who automatically takes the $1,000 from his monthly paycheck and sends that amount to the Child Support Enforcement agency who then sends it to the child-support-receiving-mother. When the oldest child reaches 18, a problem occurs…the father is paying too much child support because he is paying child support for one minor child and for one adult offspring. In this example, the Father's employer must continue deducting this amount until there is another order requiring a proper deduction for the one remaining minor child. To make matters worse, the father cannot get back the over payments of child support.
Income Withholding Orders
There is a new kind of Garnishment Order that partially helps resolve the problem we discussed above. This is called an Income Withholding Order. Instead of requiring the father to pay $1000 per month for both children, the new Income Withholding Order requires the father to pay a lesser amount for the remaining minor child. Thus, when the oldest child reaches the age of 18, the father's employer will only be required to deduct the lesser amount for the remaining minor child. This new order saves the father from having to overpay child support for two children when the eldest child reaches the age of majority.
If you are still paying child support for more than one child through an Income Deduction Order, ask your attorney to file a Motion For Income Withholding Order at least one year before the oldest child reaches age 18. This will prevent the father from over paying child support once the oldest child reaches age 18.
Do you have any further questions? Meet with the Tampa divorce lawyer at Catherine W. Real, P.A. for the representation you need. Contact us today!