However, many parents face challenges when their spouse does not report their income accurately. Establishing the correct support obligations without accurate income reporting can be difficult.
Studies show that approximately 30% of custodial parents get none of the amount owed for child support. If you are struggling to get the child support payments you are owed, we are here to help. At Griffin Family Law, PLLC, our experienced Florida child support lawyers can review your situation and help you understand your legal options.
Legal Framework Governing Child Support in Florida
Florida’s child support guidelines are designed to ensure fairness and adequacy in support payments. Under Florida Statute § 61.30, the court calculates child support by considering both parents’ incomes, healthcare expenses, and other relevant expenditures.
If one parent is not reporting their income, applying for a court order that requires the other parent to provide accurate financial disclosure may be necessary. A qualified Florida family law attorney for child support can help navigate these processes and ensure that your child’s needs are prioritized.
Establishing Income When Not Reported
When a spouse does not report income, several methods are used to calculate their income for child support.
A child custody and support attorney in Florida can assist in gathering evidence that may include:
- Tax Returns: Previous years’ tax returns can serve as a credible source of income information.
- Pay Stubs: Obtaining pay stubs or other payroll documentation may reveal undisclosed earnings.
- Bank Statements: Financial records can provide insights into regular deposits that indicate consistent income.
- Expert Testimonies: In some cases, hiring financial experts to review situations may help establish income levels.
Motion to Compel Discovery
If informal efforts to obtain income information fail, you may need to file a motion to compel discovery in court. This legal strategy prompts the non-compliant parent to provide requested financial documents, which can lead to penalties if they do not comply.
Working with a Florida child support lawyer to assist with this process can improve your chances of compelling the other parent to disclose their income.
Impact of Non-compliance on Child Support Calculations
Under Florida law, when one parent does not report their income, the court may estimate it based on multiple factors, including previous employment history and lifestyle.
This process can lead to an obligor (the parent required to pay support) being held accountable for income they might not officially report but that the court believes they can realistically earn. This estimate is often informed by the principle that parents are responsible for supporting their children.
According to the Florida Department of Revenue, parents who purposely underreport income can face serious consequences, including adjustments in support amounts, additional legal fees, and even contempt of court charges.
Seeking child support representation in Florida ensures that the rights of both the custodial parent and the child are adequately protected.
The Role of a Child Support Attorney
Navigating the complexities of child support laws in Florida requires skill and experience. A child support attorney in Florida can guide you through every step of the process, ensuring that all documentation is accurately prepared and filed. Their experience can assist in advocating for your child’s rights and ensuring that fair calculations are made based on accurate income disclosures.
Additionally, having an attorney can significantly affect the outcome of your case. According to data from the American Bar Association, individuals represented by an attorney are significantly more likely to have favorable case outcomes in family law matters than those without legal representation.
Protecting Your Right to Child Support Payments
Ensuring that child support is properly calculated when one spouse fails to report income is essential for the well-being of any child involved. With the support of a knowledgeable family law attorney for child support, you can navigate legal processes, compel income disclosure from the non-compliant parent, and advocate effectively for your child’s financial needs.
Child support is not just a legal obligation; it is fundamental to supporting a child’s future. Don’t hesitate to seek professional assistance to ensure your child’s rights are upheld and their needs are met.
