F.A.Q.
If you or the other parent of your child receive disability income, it WILL be used as a source of income when calculating child support in accordance with the Florida Child Support Guidelines. If you have a child that receives disability income due to a parent’s disability, that income should go to the parent with whom the child resides for the majority of time as a form of child support AND, IMPORTANTLY, that income will be used to decrease any child support amount calculated for the care of the child.
The Law Office of Summer R. Nichols has handled hundreds of divorce and child support cases where disability is involved. Contact us today to have a free consultation regarding how we can help you resolve your case!
The answer is YES. While the normal rule is that a child support modification can only be retroactive back to the date a petition requesting the same is filed, this is an exception to that rule. Section 61.30(11)(c), Florida Statutes, authorizes the Court to modify child support based on a parent’s failure to exercise timesharing and to make such modification retroactive back to the date that exercise of timesharing stopped.
If you have grounds for a modification of child support, you can still file to make that happen, even if your child has already turned 18, so long as they are still in high school with a reasonable expectation of graduating before they turn 19.
The Law Office of Summer R. Nichols provides a FREE case evaluation to help you determine if you do have grounds to modify, and we can ensure your request is filed with the Court by the deadline.
Contact us today so we can help you!
