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Child Custody & Child Support
Child Custody (Timesharing)
The time children spend with each parent is now referred to as timesharing by the Courts. When parents cannot agree as to the schedule, the the Court is tasked with creating the schedule, including holidays and decision-making authority related to the minor children. The Court's ultimate responsibility is to establish a parenting plan that is in the best interests of the minor child(ren). The Court will analyze the factors outlined in Section 61.13, Florida Statutes, the "Best Interests Factors." You should review these factors and discuss with your attorney any relevant facts you think are relevant to any of these factors.
The Court is required to award child support in accordance with Florida Statutory Guidelines, even if the parties agree no child support should be paid. This is because under Florida law, child support is considered the right of the child(ren) and it is against the public policy to allow parents to contract the child's rights away.
The statutory guidelines is the presumptive amount of what the court must order, unless there is a motion to deviate from the guideline amount for good cause (as defined by statute and case law). The guidelines amount is determined based upon the net monthly income of each party, the number of overnights each party has with the child(ren) and credits for payment of child care or health insurance costs of the child(ren). The Florida Supreme Court has published this Child Support Worksheet to calculate the child support obligation.