Considering children when considering divorce

When you're thinking about divorce, the impact on your children is likely the first thing to come to mind. There are many things you must consider when it comes to marital separation and your children, including:

• Who will be the custodial parent
• What kind of time-sharing schedule you want
• Child support
• Your parental rights

The first and most important question is that of custody. Will one of you take on the role of custodial parent? Even in some joint parenting plans, one of you will serve as the custodial parent, and that parent will have a larger portion of time-sharing with your child. The child will live with the custodial parent the majority of the time.

A time-sharing schedule will need to be mapped out in your parenting plan, and many considerations will come into play. For example, if one parent works full-time and one works part-time, the parent who works part-time may assume a larger percentage of the time-sharing schedule.

Child support is mandated by the Florida courts, and after a divorce the non-custodial parent typically pays child support to the custodial parent.

In Florida, child support is determined by an Income Shares Model. The amount of child support is calculated by estimating how much it would cost to support your child should you and your spouse stay married. This amount is then divided between both parents based on your income and time-sharing plan.

Considerations for child support include, but are not limited to your:

• Salary or wages
• Bonuses, commissions, tips, overtime, etc.
• Business income from other sources
• Disability benefits
• Worker’s compensation benefits
• Unemployment or reemployment assistance
• Pension and retirement payments
• Social security benefits

Deductions are then applied to calculate your take-home income, like taxes, health insurance premiums, other child or spousal support, etc. Child support is then calculated according to the Florida Statutes. This child support calculation can only be altered with proof of a change in circumstances, such as a loss in employment or a change in custodial agreements.

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