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Cabanas Law Firm Child Support Boca Raton

Children Don’t Choose Divorce, But They Deserve Support.

Whether you are seeking support or contesting what you owe, the numbers that get established now will follow both households for years. Florida’s income shares guidelines leave less room for guesswork than most people expect, but how income is calculated, and what counts, shapes everything that follows.

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Cabanas Law Firm: Child Support Lawyer Boca Raton

Your Child’s Future Depends on Getting the Numbers Right

Child support is about one number, but getting that number wrong affects your child for years. Florida uses a formula based on both parents’ income, healthcare costs, childcare, and how many overnights each parent has. The problem is that the formula only works when the financial information behind it is accurate. Cabanas Law Firm represents both paying and receiving parents in Boca Raton, and we make sure the calculation is built on what is actually happening, not what one side puts on paper.

  • Establishing new child support orders through the court
  • Computing guideline amounts based on both parents’ income and expenses
  • Enforcing existing child support orders when payments fall behind
  • Modifying support amounts when financial circumstances change
  • Explaining how child support is calculated under Florida law

"Sergio Cabanas and his team were very responsive, they answered all of my questions and provided updates. They are true professionals which helped me to feel confident and protected when making decisions."

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More Than Just a Boca Raton Lawyer for Child Support Cases

Child support calculations in Boca Raton often depend on time-sharing arrangements, time-sharing schedules, and income documentation, where changes to parenting time can shift the financial numbers. Our Boca Raton child support attorneys coordinate across these connected areas so your full financial picture stays intact.

Your family's future shouldn't wait for We're changing how Florida does family law.

What Sets Us Apart

Your Case Won't Wait. Neither Will We.

Child support calculations demand clarity when your financial future depends on getting the numbers right, but too many firms leave you guessing about how those numbers connect to the rest of your case. We built our practice to take that weight off you, not add to it. Here is how we do things differently for child support cases in Boca Raton.

Multilingual Support

We speak your language, including Spanish, Russian, and Arabic.

Near You With Local Court Knowledge

10+ offices across Florida with teams who know how your county court operates

Focused on Divorce Law

This is all we do. Every resource, every team member, every case.

100+ Combined Years of Experience

We have handled the full range of Florida divorce matters.

Your Goals, Our Guiding Principle

The decisions made during a child support case in Boca Raton determine whether daily life for your child is financially stable or under constant pressure. Our Boca Raton child support attorneys follow a structured process that begins by building a complete picture of the financial realities on both sides. Because income, expenses, and parenting arrangements all factor into what a court considers fair, we work to present your circumstances accurately and completely. Terms that reflect what your child actually needs are what the process is designed to reach.

FAQ

Frequently Asked Questions

Trying to figure out what the child support number should be, or whether the current one is still right? These answers break down how the calculation works and what can change it.

How is child support calculated in Florida?

How is child support calculated in Florida?

Florida uses a statutory formula based on both parents' net incomes and the number of overnights each parent has with the child. The more overnights a parent has, the more that factors into the calculation. Unlike alimony, child support follows a guideline amount that leaves less room for judicial discretion, though the court can deviate from the guidelines in certain circumstances.

The calculation starts with both parents' combined net income. From there, the formula considers the number of children, the cost of health, dental, and vision insurance for the children, daycare expenses, and how many overnights each parent has. The timesharing split matters because a parent with more overnights incurs more direct expenses for housing, food, and daily care.

The court can deviate from the guideline amount if there are special circumstances, such as a child with medical needs, educational expenses, or other factors that the standard formula does not account for. But the starting point is always the guideline calculation, and the burden falls on whoever is requesting a deviation to show why it is justified. An attorney can run the numbers for your specific situation and identify whether any deviation factors apply.

How long does child support last?

Child support in Florida continues until the child turns 18. If the child is still in high school at 18 and is reasonably expected to graduate before turning 19, support continues until graduation. Support also ends if the child marries, joins the military, or is otherwise legally emancipated before reaching 18.

The age cutoff is straightforward, but the practical questions around it are not. If a child turns 18 midway through the school year and is on track to graduate, the paying parent cannot simply stop payments. The obligation extends through graduation as long as it happens before 19.

If circumstances change before the child reaches majority, either parent can seek a modification. A parent who loses a job, becomes disabled, or experiences a significant change in income may petition the court to adjust the amount. The other parent can also seek an increase if the paying parent's income rises substantially. Under the 2023 revisions to the law, the "unanticipated" requirement for modification was removed. The change must be substantial and material, but it no longer needs to have been unforeseeable at the time of the original order.

What happens if I stop paying child support?

The consequences are serious. The Florida Department of Revenue has broad enforcement powers: wage garnishment, interception of tax refunds, suspension of your driver's license and passport, and contempt of court proceedings that can result in jail time. A court-ordered obligation to pay child support does not go away because you stop paying. The unpaid balance accumulates with interest, and judgments are renewable every twenty years.

If child support was ordered through the Department of Revenue, enforcement is largely automatic. If it was ordered through a family court, the receiving parent can file a motion for contempt to compel payment. Either way, the obligation survives even if you lose your job or experience financial hardship. The court expects you to file for modification if your circumstances change, not to simply stop paying.

Unpaid child support, known as arrears, does not have a statute of limitations once a judgment has been entered. The receiving parent can pursue collection at any point, and the amount owed continues to accrue interest. If you are falling behind or anticipate that you will, consulting an attorney about a modification is far less expensive than dealing with enforcement proceedings after the fact.

Can I control how my child support payments are spent?

No. Florida law does not require the receiving parent to account for how child support money is spent. There is no mechanism to demand receipts, approve expenses, or restrict spending to specific categories. The court's position is that child support contributes to the overall household in which the child lives, and the receiving parent has discretion over how that household operates. The exception is if the parties agree to specific terms in a settlement agreement.

This frustrates many paying parents, especially when they believe the funds are not being used for the child's direct benefit. But the legal system has consistently declined to impose spending oversight. The rationale is that even if the receiving parent spends the child support on their own expenses, the assumption is that their other income then goes toward the child. Requiring an accounting would be too cumbersome to enforce and too invasive to administer.

However, if the child is not being properly cared for, that is a separate issue. A parent who can demonstrate that the child lacks adequate food, housing, medical care, or school supplies may have grounds to seek a modification of timesharing or a change in the parenting arrangement. The remedy is not controlling the other parent's spending. The remedy is changing the custody arrangement so the child's needs are met. An attorney can evaluate whether the facts support that kind of motion.

Can child support be modified after the court order is entered?

Yes, if there has been a substantial and material change in circumstances since the original order. Under the 2023 revisions to the law, the previous requirement that the change be "unanticipated" was removed. Common examples include a significant job loss, a serious medical condition, disability, a substantial increase in either parent's income, or a change in the timesharing arrangement that affects the overnight count used in the calculation.

The court does not allow modifications simply because one parent is unhappy with the amount. The change must be significant enough to affect the guideline calculation. A temporary job loss of a few months may not justify a formal modification, though it may be negotiated informally between the parents.

If the change is drastic, like a permanent disability or a layoff with no comparable replacement income, a petition for modification is the correct path. The court will recalculate the guideline amount based on the new financial circumstances. Until the modification is granted, the original order remains in effect and must be complied with. Falling behind while waiting for a hearing creates arrears that the court will expect to be addressed. Filing promptly when circumstances change is important.

What if the other parent is not paying child support?

You have two enforcement paths. If the child support order was established through the Florida Department of Revenue, they have the authority to garnish wages, intercept tax refunds, suspend licenses, and pursue other collection measures on your behalf. If the order was established through family court, you can file a motion for contempt, which can result in the court ordering payment, imposing sanctions, or in serious cases, jail time for willful non-compliance.

The Department of Revenue handles enforcement aggressively and at no cost to the receiving parent. They can locate the non-paying parent's employer, initiate income deduction orders, and take action without requiring you to file additional motions. If the paying parent is self-employed or working under the table, enforcement becomes more complicated, but forensic tools like bank subpoenas and lifestyle analysis can help establish actual income.

If child support was ordered in a paternity or divorce case and the Department of Revenue is not involved, you may need to file a motion for contempt in family court. The court evaluates whether the non-payment was willful, meaning the parent had the ability to pay and chose not to. A parent who genuinely cannot pay due to disability or unemployment may not be held in contempt, but the obligation does not disappear. An attorney can help you determine which enforcement path is most effective for your situation.

Can back child support be collected years later?

It depends on whether a court order was ever entered. If there is an existing judgment ordering child support and the paying parent fell behind, those arrears can be collected at any time with no statute of limitations. If no court order was ever entered, the parent seeking support can only go back two years from the date the action is filed.

This distinction catches many people off guard. A parent who had a child support order but never enforced it can still pursue the full unpaid balance years or even decades later, with interest. The obligation was established by the court and the failure to collect does not erase it.

If no money judgment for arrearages was entered and the child reaches eighteen, the claim becomes the child's claim to enforce, not the parent's. On the other hand, a parent who never filed for child support, whether through the Department of Revenue or through a paternity or divorce case, is limited to a two-year lookback from the date the action is initiated. If the child is now emancipated and no legal action was ever filed, the window for collecting past support is narrow. An attorney can evaluate your timeline and advise on what is still recoverable.

Palm Beach Gardens

3801 PGA Blvd, Suite 638, Palm Beach Gardens, FL 33410

Schedule a Case Evaluation With Our Child Support Team in Boca Raton

Child support outcomes affect your monthly budget and can influence the resources available to your child. When you are ready to move forward, a confidential Case Evaluation is a helpful way to begin.

We use this conversation to check for conflicts of interest and verify that your case is located in Palm Beach County. We also assess whether your specific situation matches our practice areas so we can determine if we are able to accommodate your matter.

Reach out to our child support team in Boca Raton to get started.

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