Can My Partner & I Deviate From State Child Support Guidelines?

During a divorce, good parents generally want their children to be provided for, but their own finances may not be in a stable position. Because of how potentially volatile the question of child support can be during divorce proceedings, the state legislature has come up with a set of guidelines aimed at regulating child support obligations. That said, if couples can come to another agreement, they can deviate from those guidelines in many situations.

Agreement Must Meet Court Scrutiny

One thing must be clear to both soon-to-be ex-spouses before they try to hash out a child support agreement: since the right of support belongs to a child, rather than their parents, a Florida court must approve any agreement the parents make in order to ensure that it complies with public policy. In other words, a court has a duty to ensure that the child’s right to support is actually protected, and that the parents have not disregarded their duty to their children for their own ends.

Florida law holds that any child support agreement can deviate from the guidelines up to 5 percent without any need to explain or justify the reason to the court. If the parent or parents are looking to deviate by more than 5 percent, however, they must be able to show why staying at the guideline amount would be unfair or inappropriate. One of the most common scenarios for this is having a disabled child, who needs additional help with schooling, transport, or other usual expenses.

Make Your Case

If you and your soon-to-be ex-spouse have worked out a child support agreement that you both find fair and equitable, the next important step is to provide the court with as much evidence as possible justifying your decision. For example, financial records establishing your and your ex’s ability to pay support, plus invoices for required expenses like school uniform costs or health insurance premiums, can all help to establish your child support plan as a realistic and tenable one.

If you convince the judge that your plan is doable, their signature on it makes the plan enforceable – that is, an agreement is not enforceable until signed off on by the court. This is also true if child support needs to change later on – for example, if one parent gets a promotion, they may want to pay more or less. It is not uncommon for the ex-spouses to simply pay and accept a different amount than is listed in their divorce paperwork, but technically, both are in breach of the agreement until the court signs off on a new version.

Contact A Hollywood, FL Child Support Attorney

Sometimes, spouses who are divorcing can put aside their differences and work out plans to protect their children. As long as they pass muster with the court, this kind of plan can be the first step toward a happy family – even if apart. A Hollywood, FL child support attorney from The Law Offices of Steven A. Mason, P.A. can help answer questions or manage your concerns. Call our office today at (954) 963-5900 to speak to an attorney.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13.html