7 Florida Child Support Myths Busted
We’ve all attended a gathering, party, or event where someone believes they’re an expert on the law when, in reality, they’ve just watched a lot of crime TV. This is where myths about complicated issues like Florida child support are born. To help you avoid falling for any of these myths, we provide with a few of the more common myths regarding child support that we hear about from time to time in our practice:
Myth #1: Paying Child Support is Not Common
In 2017, the U.S. Department of Health and Human Services’ Office of Child Support Enforcement (OCSE) said $33 billion in support was paid for more than 15 million children, or one in five.
Myth #2: Child Support Payments are Tax Deductible
Child support payments are considered personal expenses and are not deductible. If you are making support payments, you should not deduct those from your taxable income.
Myth #3: Child Support Ends When a Child Turns 18
Florida child support most often ends when the child turns 18. However, it can continue until the child graduates from high school or turns 19. Florida child support could continue indefinitely for special needs children. Florida child support usually never extends through the child’s college years.
If a child graduates from high school after 18, but before 19, support ends the day of graduation.
Myth #4: Back Child Support Can No Longer Be Collection Once the Children Turn 18
Florida law places no statute of limitations on child support that is past due. As a result, Florida’s Department of Revenue (DOR) is legally permitted to pursue a parent indefinitely in order to enforce arrears.
Once the child is officially considered an adult, the custodial parent will not be owed any new child support payments. However, any outstanding payments are still collectible provided the parent files a court order.
Myth #5: Child Support Payments Must Only be Spent on the Children
A parent has complete discretion regarding their use of child support money within reason. This is a common source of contention.
Myth #6: Child support is Made Final During the Divorce Proceedings.
Child support is for the benefit of the child in the best interest of the child. Therefore, the child support order, even with an agreement, may be modified if there is a substantial change of circumstances justifying such modification.
Myth #7: Child Support Modifications are Easy to Get.
If the parents are unable to agree on a modification, then the parent requesting the modification must demonstrate to the court there has been a substantial change in circumstances to justify any change. However, parties can specify a condition or event that they agree would be a substantial change of circumstances that might simplify the litigation.
If you’re contemplating an uncoupling we at the law firm of Brodie Friedman are here to answer any questions you have regarding your family and the law. Don’t listen to rumors or fall for myths when there’s an experienced team of professionals ready to assist you.
With over 30 years of combined experience, Jason Brodie Esq. and Joshua Friedman Esq. will guide you toward realistic goals and provide committed advocacy toward achieving them. They are known throughout South Florida for dedicated client service, tenacity, and success in complex divorce litigation involving property division, child custody, and spousal support.
To get a better understanding of the qualities our reputation is built on, contact our office in Boca Raton to schedule your initial phone consultation (561) 392-5100