Question:
My Wife and I have been separated for about three months now. We have a five year old son, who pretty much lives with his Mother. I get to see him on alternating weekends from Friday afternoon until Monday morning and some Thursday overnights (although my Wife says the Thursday overnights will stop once school starts latter this month). I have been giving her $ 500.00 per month since we separated. I have just been served with divorce papers. Can I get additional visitation time? What is my child support?
Answer:
Florida now requires parents to establish a “Parenting Plan” which includes “time sharing”. If the parties are not able to agree upon a Plan, then the Court will establish one. Under current Florida law, the courts will no longer designate one parent as the “primary residential parent” (custodian) and the other “secondary residential” with rights of visitation. The parties will have “time sharing”, which may be specifically set out in the Parenting Plan during the school year, school breaks such as Spring Break, holidays, summer and telephonic access. If you have been an active participant in your son’s life, live relatively close to his current residence and have a good rapport with your Wife, then I do not see any reason why you could not ask for what is called, “substantial” time sharing (currently defined as 40% or more of the overnights).
This brings me to my second point. The Child Support guidelines were recently amended. Effective January, 2011, if a parent has “20% or more” of the overnights, then this time sharing arrangement would reduce that parent’s child support (as opposed to 40% or more of the overnights). I would still inquire of your Wife’s counsel as to applying the amended statute even though it is not effective until January. You could argue that by applying the statute now, we are saving you and your then-Former Wife from having to go back to Court in January, 2011 to modify downward your support obligation.
In order to calculate the parents’ support obligation, then I would need to know the parties’ respective incomes; the cost for any health insurance coverage for the parent and to add family to his/ her coverage; and whether the parties’ child(ren) have any day or after care expense incidental to employment or an educational pursuit. Both parties have to make mandatory disclosure, which would include provision of this information. Upon receipt of this information, I would then apply same to the child support guidelines. Again, I would also seek to apply the amended child support statute at this time in order to reduce your obligation based on the amount of your time sharing with your son.
The foregoing is not intended as legal advice. If you are in need of legal advice and/ or more information on the recent amendments to Florida’s alimony statute (section 61.08), the please feel free to schedule a free initial consultation.
