FIGHTING CHILD SUPPORT IN FLORIDA and not getting to see your child?
If a parent is having to spend money to reunify with their child because a parent interfered with their time can that parent increase the child support responsibility on that offending parent?
In the state of Florida, the child support statutes do have a provision that allows you to calculate the expense that you incur in losing time with your child if you prove that the other parent interfered.
The court can order that the offending parent interfering with your parenting time be responsible for the expenses you incur for reunification, for pursuing the enforcement of your time, etc. Ask your attorney to ask the court to make a finding that the other parent is interfering and is an “offending parent” and award you make-up time with your child as well as prevent any increase in child support!*
Look at statute Florida Family Code Statute section 61.13 (c) When a parent refuses to honor the time-sharing schedule in the parenting plan without proper cause, the court:
1. Shall, after calculating the amount of time-sharing improperly denied, award the parent denied time a sufficient amount of extra time-sharing to compensate for the time-sharing missed, and such time-sharing shall be ordered as expeditiously as possible in a manner consistent with the best interests of the child and scheduled in a manner that is convenient for the parent deprived of time-sharing. In ordering any makeup time-sharing, the court shall schedule such time-sharing in a manner that is consistent with the best interests of the child or children and that is convenient for the nonoffending parent and at the expense of the noncompliant parent.
The Florida child support guidelines allow for calculating the time that you have your child so if the parent is ordered to provide make up time then you ask your attorney to also request that the child support reflect the additional possession time that you are awarded.
Make sure you also use protection of your fundamental rights if the court is trying to justify taking away your possession time with your child. There is a lot of mention of best interest in the Florida statute so you want to make sure that you preserve your right to challenge any statute that is allowing them to justify the other parent’s infringement of your possession of your child as well.
*We are not attorneys and do not practice law. Make sure that you seek the advice of an attorney regarding how to apply your rights and any information that we post here.