About Child Support & Alimony in Florida
Child support and alimony are awarded in Florida during a divorce proceeding. A divorce petition requesting child support and alimony must be filed in a Florida circuit court located in one spouse's county of residence. Florida has a residency requirement of six months before a petition can be filed.
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Child Support
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A court will set the child support amount based on both parents' income. The final amount is proportioned according to each parent's percentage of income, as well as how many children need support. The court has the discretion to increase child support based on: (1) the child's special needs, (2) the child's medical costs, (3) any educational costs and (4) whether either spouse has significant assets in addition to income. Child support can be decreased if the parent owing support shares custody and cares for the children at least 40 percent of the time.
Modifying Child Support
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Child support can be modified if one parent can establish a substantial "change in circumstances." Modification will occur if: (1) either parent's income has increased or decreased significantly, (2) the older child requires additional funds for education or extracurricular activities and (3) custody has changed and the child is spending more or less time with either parent.
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Alimony
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Alimony will be awarded only if the requesting spouse can show that her inability to support herself with her own income is "well-founded." The court will consider: (1) the spouse's age and health conditions, (2) the length of the marriage, (3) the spouse's current standard of living, (4) the spouse's assets, (5) the spouse's current income and (6) whether the spouse requires training or education in order to obtain employment to become self-supporting.
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