"Both parents have a duty to support their children. On divorce, that duty ordinarily is enforced through an award of child support from one parent to the other. To calculate child support, the court will usually follow a process in the child support guidelines statute. That process requires the court to consider the gross earnings of each party, subject to certain specified deductions, and to apply those earnings to a chart. Child care expenses and child health insurance premiums ordinarily are added to that charted figure. Alimony paid is considered income to the receiving spouse and is a deduction from the income of the person who pays. Each parent's percentage of support is then calculated and a support figure is generated. The judge is then permitted to vary the support amount based upon a series of factors directed to circumstances existing within that particular family. Where it is reasonably available, payment of health insurance premiums will be required and the cost of uncovered medical, dental and prescription needs will be allocated.
Except in special circumstances, an Income Deduction Order will be entered that will require the employer of the parent paying child support to deduct the support from the paying parent's paycheck and send it directly to a central depository, which will keep track of the payments and forward the funds to the receiving parent. Failure to pay child support when it has been ordered is enforceable by contempt, and willful failure to pay may result in a person being jailed. A party may be ordered to maintain life insurance or provide other security to ensure the continued payment of child support."
Reprinted from the Family Law Handbook by the FL Bar Assoc.
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