CHILD SUPPORT
Cynthia Hernandez Law
CHILD SUPPORT
Best Interests of the Child
In any family law matter involving children, the guiding principle is always the same: decisions must be made in the best interests of the child. This is particularly true when it comes to establishing child support arrangements following a divorce or separation. After resolving custody or time-sharing agreements, the next crucial step is determining an appropriate and fair level of child support.
At Cynthia Hernandez Law in Tampa, Florida, we understand how emotionally and financially stressful this process can be for both parents. Our firm is dedicated to helping clients throughout Hillsborough and Pinellas Counties navigate the complexities of Florida child support laws with clarity, compassion, and fierce advocacy.
Understanding How Child Support Is Determined in Florida
The amount of child support one parent is ordered to pay depends on a variety of factors that are reviewed within a standardized legal framework. Florida uses a formula that is intended to create consistent results based on the needs of the child and the financial capabilities of both parents. That formula, while standardized, can still be impacted significantly by the specific facts of your case.
Key factors considered when calculating child support include:
The gross and net incomes of each parent: This includes wages, bonuses, rental income, self-employment earnings, pensions, and more.
The number of children involved: More children typically means a higher support obligation.
Pre-existing child support obligations: If one parent is already supporting children from another relationship, the court takes that into account.
The amount of overnight parenting time with each parent: Florida’s formula adjusts based on how much time each parent spends with the children. Shared custody or significant visitation time can lower a support obligation.
At Cynthia Hernandez Law, we go beyond just applying the formula. We work to ensure every relevant detail is accurately calculated and fairly represented. We’ll educate you on how the formula works, how parenting plans impact the final number, and how to prepare strong documentation to support your case.
I am ready to represent parents on both sides of child support issues in Hillsborough and Pinellas County. My support starts with educating you about the formula used to calculate child support and all of the factors that will be considered in your case. I will also be a passionate advocate for you in making certain that a fair and accurate accounting of these factors is considered in your case.
For aggressive child support representation, contact attorney Cynthia Hernandez today. You may also call us at 813-841-2933 to schedule an initial consultation about your child support issues.
Child Support Involving High-Income Parents
Florida’s standard child support guidelines work well for most families—but when one or both parents are considered high-income earners, the system becomes more complex. At a certain income threshold, the state’s formula begins to lose its practical application. This is where experience, strategy, and creativity come into play.
In these high-net-worth situations, child support may be determined based on what the court considers “good fortune” child support—essentially, ensuring the child maintains a standard of living comparable to what they would have experienced had the family stayed together.
This can open the door to a more tailored negotiation or litigation process. Attorney Cynthia Hernandez brings extensive experience with high-asset divorce cases and complex financial profiles. Whether you’re the high-earning parent or the parent requesting support, we’ll fight to ensure the child’s needs are met without allowing income levels to create an unjust result
Frequently Asked Questions (FAQs)
How is child support calculated in Florida?
Florida uses a standardized formula to calculate child support, which considers both parents’ incomes, the number of children, the cost of childcare and health insurance, and the number of overnight stays each parent has with the child. The goal is to ensure that children receive the same level of financial support they would have had if the parents remained together. At Cynthia Hernandez Law, we can walk you through the formula and ensure all relevant factors are fairly represented.
Can I modify my child support order if my income changes?
Yes. If there has been a significant change in your financial situation—such as job loss, reduced income, or a change in the child’s needs—you can petition the court for a child support modification. You must continue to pay your current court-ordered amount until a modification is approved. Our firm can help you properly file for a modification and represent your interests in court.
What happens if the other parent doesn’t pay court-ordered child support?
Failure to pay child support can result in serious consequences, including wage garnishment, suspension of a driver’s license, tax refund interception, or even jail time for contempt of court. If you’re not receiving the support you’re owed, Cynthia Hernandez Law can help you enforce the order and take legal steps to hold the other parent accountable.
Does child support end automatically when my child turns 18?
In Florida, child support typically ends when a child turns 18. However, it may be extended if the child is still in high school with a reasonable expectation of graduation before age 19. Additionally, support may continue if the child has special needs. Attorney Cynthia Hernandez can review your specific situation and advise you on whether support should continue beyond the typical cutoff.
Can child support be adjusted for high-income parents?
Yes. When one or both parents have high incomes, the standard child support guidelines may not apply directly. Florida courts may award what’s known as “good fortune” child support to ensure the child enjoys a standard of living similar to that of the higher-earning parent. These cases can be complex, and having an experienced attorney like Cynthia Hernandez on your side is crucial to ensure a fair outcome.
Contact our office or call me at 813-841-2933 to set up a meeting to discuss your child support and divorce case. I am available to serve people in Tampa, St. Petersburg, Clearwater, Florida