For families navigating divorce or separation in South Florida, securing appropriate child support is often a top priority and a source of considerable anxiety. Child support is a legal obligation designed to ensure children continue to benefit from the financial resources of both parents, maintaining a standard of living similar to what they would have enjoyed had the family remained intact. However, the process of calculating and modifying child support in Florida can seem like a dense mathematical maze. It is governed primarily by Florida Statute $\S 61.30$, which mandates the use of a strict formula known as the Child Support Guidelines Worksheet. Understanding how this formula works, and when and how you can legally change a support order, is critical for parents in Boynton Beach and the surrounding areas. At Dixon Law Firm, we simplify this complex process for our clients. Alicia Dixon, Founding Attorney at the Dixon Law Firm, is One of Boynton Beach Florida's Top Family and Divorce Attorneys. She is dedicated to providing results for you. We empower you by clearly explaining your rights and responsibilities under Florida law. Calculation: The Florida Child Support Guidelines Formula Florida's approach to child support is based on the Income Shares Model . This model estimates the amount of money the parents would have spent on their children if they had stayed together, and then divides that amount proportionally between the parents based on their respective incomes. Step-by-Step Calculation Components The determination of a child support obligation is generally a multi-step process: 1. Determining Each Parent's Net Income The calculation begins by establishing the monthly net income for both parents. Gross Income: This includes nearly all forms of income, such as salary, wages, bonuses, commissions, disability benefits, workers' compensation, unemployment compensation, pension payments, Social Security benefits, spousal support received, and rental income. Even income that is not reported on a W-2, like business income or reimbursed expenses that reduce living costs, is generally included. Imputed Income: If a parent is found to be voluntarily unemployed or underemployed (meaning they are purposely earning less to reduce their child support obligation), the court may impute income to them. This means the court calculates support based on what the parent should be earning, based on their work history and qualifications. Allowable Deductions: Once gross income is determined, allowable deductions are subtracted to arrive at the net income. These deductions typically include federal, state, and local income taxes (adjusted for actual filing status), mandatory union dues, mandatory retirement payments, health insurance premiums for the parent only, and court-ordered spousal support or child support paid for other children. 2. Calculating the "Minimum Child Support Need" The net incomes of both parents are combined to determine the Combined Monthly Available Income . The court then refers to the Child Support Guidelines table in Florida Statute $\S 61.30$ to find the "minimum child support need" for the specific number of children at that combined income level. This figure represents the total minimum amount the state estimates is necessary to raise the children. 3. Allocating Financial Responsibility Each parent’s share of the total child support obligation is determined by their percentage contribution to the combined net income. For example, if Parent A's net income is 60% of the total combined net income, Parent A is responsible for 60% of the minimum child support need. 4. Adjusting for Expenses and Time-Sharing Two primary factors adjust the final payment amount: Additional Expenses: The court adds costs for health, dental, and vision insurance premiums for the children, as well as necessary child care costs (like daycare or after-school care) related to a parent's employment or education. These costs are added to the basic guideline amount and then divided between the parents based on their income percentages. Time-Sharing (Overnights): If a parent has the child for a substantial amount of time , defined as 73 or more overnights per year (at least 20% of the year), a specific statutory formula is applied. This formula recognizes that the parent with substantial time-sharing is already covering daily expenses for the child during their time and reduces the amount they pay, or increases the amount they receive, accordingly. Modification: When and How to Change an Existing Order Child support is not set in stone. As children grow and parents' financial situations change, the original order may become unjust or inappropriate. Florida law allows for the modification of an existing child support order. The Legal Standard for Modification To successfully modify a child support order in a South Florida court, the petitioning parent must prove that there has been a substantial, permanent, and involuntary change in circumstances since the last child support order was entered. 1. The Substantial Change Threshold Florida law provides a quantifiable standard for what constitutes a "substantial" change based on the difference between the existing support amount and the amount calculated under the current guidelines: The difference must be at least 15 percent or $50 , whichever amount is greater. If the recalculation results in a difference that meets this threshold, the court may find that a substantial change has occurred. 2. Common Qualifying Changes Many life events can qualify as a substantial change in circumstances, including: Significant Income Change: A substantial increase or, more commonly, a substantial decrease in either parent's income (e.g., job loss, involuntary reduction in pay, or a promotion). Note that courts will usually not allow a modification if a parent voluntarily quit their job or took a lower-paying position to avoid payment ( voluntary underemployment ). Time-Sharing Schedule Change: If the actual number of overnights a child spends with one parent changes significantly from the schedule outlined in the original Parenting Plan, a modification may be warranted. Child Care/Health Care Costs: A major change in the cost of health insurance premiums for the child or an increase/decrease in necessary daycare expenses. A Child's Needs: The child develops a serious medical condition or special educational needs that result in significantly increased expenses. 3. The Filing Process A modification is not automatic. The parent seeking the change must file a Supplemental Petition to Modify Child Support with the court that issued the original order. It is crucial to act promptly . A court generally cannot retroactively modify support payments prior to the date the Supplemental Petition was filed, meaning any arrears (back payments) will continue to accrue at the old rate until the petition is filed. Seeking Professional Guidance Child support calculations and modifications are complex legal processes that rely heavily on accurate financial documentation and strict adherence to Florida statutory guidelines. Errors in calculating income, misrepresenting time-sharing, or failing to meet the legal threshold for modification can lead to unfavorable outcomes and prolonged legal battles. Attorney Alicia Dixon and the Dixon Law Firm have extensive experience guiding South Florida families through these precise calculations and contested modification hearings. We ensure that your financial affidavits are accurate, your legal arguments are sound, and the resulting child support order truly serves the best interests of your children. Alicia Dixon, Founding Attorney at the Dixon Law Firm, is One of Boynton Beach Florida's Top Family and Divorce Attorneys. She is dedicated to providing results for you. Don't navigate this financial complexity alone. Book Your Consultation Today with Dixon Law Firm to ensure your child support order is calculated and modified accurately.

Life Changes Demand Estate Plan Updates Life is a journey marked by significant milestones, and few are as transformative as divorce or remarriage. These events fundamentally alter your family structure, your financial relationships, and your vision for the future. Yet, in the whirlwind of emotional and logistical changes, one critical task often gets overlooked: updating your estate plan. In Palm Beach County, where your assets, family, and future are concerned, relying on outdated documents can lead to unintended—and often costly—consequences. Whether you're navigating the complexities of post-divorce life or blending families in a new marriage, your estate plan must accurately reflect your current wishes. Alicia Dixon, Founding Attorney at The Dixon Law Firm, is One of Boynton Beach Florida's Top Family and Divorce Attorneys. She is dedicated to providing results for you. We understand that your legal documents are a roadmap for your legacy. This post outlines the crucial steps you must take to secure your assets and protect your loved ones after a change in marital status. The Critical Need for Action After Divorce The end of a marriage in Florida triggers an automatic legal review of your estate documents, but the law's protections are not comprehensive. Relying on default rules is a gamble you shouldn't take with your legacy. The Automatic Revocation Rule: What it Covers Florida law offers a safeguard: upon the final judgment of divorce or annulment, certain provisions in a pre-existing will or revocable trust that benefit your former spouse are automatically revoked. Specifically: Any gifts or inheritances designated for the ex-spouse in your will are void. Your ex-spouse is automatically removed as your named Personal Representative (Executor) under the will. Your ex-spouse's authority as your agent under a financial Power of Attorney or Healthcare Surrogate Designation is generally revoked. This law treats your former spouse as though they predeceased you for the purposes of your will. While helpful, this automatic revocation does not complete your new plan—it only creates a gap. The Critical Gaps: What is NOT Automatic The biggest risk in post-divorce estate planning is assuming the law did all the work. It didn't. Most notably, the automatic revocation rule typically does not apply to critical assets that pass outside of your will. Revising Beneficiary Designations This is arguably the most common and dangerous oversight after a divorce. Beneficiary designations on non-probate assets supersede the instructions in your will. If you fail to update them, your ex-spouse could still inherit: Life Insurance Policies: If they remain the named beneficiary. Retirement Accounts (IRAs, 401(k)s): These are passed directly to the listed beneficiary. Transfer-on-Death (TOD) or Payable-on-Death (POD) Accounts: The listed beneficiary will inherit the funds. You must contact the financial institution, custodian, or insurance company for each account to formally change your primary and contingent beneficiaries. Updating Guardianship and Trusts If you share minor children with your former spouse, you need to designate a new Contingent Legal Guardian in your will. While your ex-spouse will typically retain primary custody, you have the right to nominate who will care for your children if your ex-spouse is unable to do so. Furthermore, if you established a trust for your children, you should review and potentially change the named Trustee to ensure your chosen person manages the assets for your children's benefit. Estate Planning After Remarriage: Blending Legacies A new marriage opens a beautiful chapter but introduces a fresh set of estate planning complexities, especially when blending families. Your new spouse has significant rights under Florida law that can easily override an existing, unrevised plan meant to protect children from a prior marriage. Navigating Spousal Rights and the Elective Share In Florida, a surviving spouse has powerful statutory rights designed to prevent disinheritance. These rights can fundamentally change the distribution of your assets: The Elective Share: Regardless of what your will or trust says, your surviving spouse has the right to claim 30% of your Elective Estate, which includes probate assets, certain non-probate assets, and even assets held in a revocable trust. Homestead Protection: Florida law provides the surviving spouse with significant rights to your primary residence (Homestead property). This right to occupy or inherit the property can supersede your wishes, especially if you intended to leave the home to your children. Strategies for Blended Families The key to planning in a second marriage is to ensure that you provide for your new spouse without unintentionally disinheriting your children from a previous relationship. The Role of Nuptial Agreements The most effective way to protect your pre-marital assets and clarify your intentions is through a Prenuptial Agreement (before marriage) or a Postnuptial Agreement (after marriage). In these agreements, you and your new spouse can formally waive your rights to the Florida Elective Share and Homestead property. This waiver is crucial as it allows your estate plan to dictate asset distribution, rather than the state's default rules. Utilizing Trusts For blended families, a revocable living trust is often the ideal tool. It can be structured to provide for your surviving spouse for their lifetime while guaranteeing that the remaining assets pass to your children upon the spouse's passing. This approach, often using a structure like a QTIP Trust, gives security to your spouse while ensuring your children’s inheritance is protected. Protect Your Loved Ones and Your Legacy Changes in marital status are a clear signal that your estate plan is likely outdated. In Palm Beach County, these changes carry distinct legal implications that demand professional attention. Whether you need to remove an ex-spouse from all decision-making roles, or you need to protect your children’s inheritance while providing for a new spouse, taking action now is essential. Failing to update your documents after a divorce can leave your ex-spouse in control or inheriting assets you never intended. Failing to update after remarriage can inadvertently disinherit your children. Don’t leave your family’s security to chance. Consulting with an experienced estate planning attorney who understands the nuances of Florida law regarding divorce and remarriage is the most important step you can take to secure your legacy and ensure your true wishes are honored. Call The Dixon Law Firm today to schedule a comprehensive review of your existing estate plan and gain the peace of mind that your future is protected.

An Alternative Path to a Peaceful Resolution The word "divorce" often brings to mind images of contentious courtroom battles, heated arguments, and costly legal fees. However, for many couples in South Florida, there is a more peaceful and cost-effective alternative: divorce mediation. This process offers a way for divorcing spouses to work together, with the guidance of a neutral third party, to resolve their family law disputes amicably. At The Dixon Law Firm, we believe in empowering our clients to make informed decisions about their future, and mediation is a powerful tool for achieving a positive outcome. This blog post will explore the ins and outs of divorce mediation in South Florida, shedding light on its benefits and what to expect from the process. What is Divorce Mediation? Divorce mediation is a confidential and voluntary process in which a neutral third-party mediator helps a divorcing couple negotiate and settle their disputes. Unlike a judge who makes binding decisions, the mediator’s role is to facilitate communication, identify areas of agreement, and help the parties find mutually acceptable solutions. The process is entirely centered on the parties' ability to reach a resolution on their own terms. It is not an adversarial process; instead, it promotes cooperation and open dialogue. In Florida, courts often mandate mediation as a prerequisite to a final hearing or trial, recognizing its effectiveness in resolving disagreements without the need for litigation. The Key Issues Addressed in Mediation Nearly every aspect of a divorce can be addressed and resolved through mediation. The topics discussed are typically the same as those that would be litigated in court, but with the added flexibility to create tailored solutions. Equitable Distribution of Assets and Liabilities: One of the most significant components of any divorce is the division of marital property and debt. Through mediation, spouses can work together to determine a fair way to divide assets like the marital home, bank accounts, investments, and retirement funds, as well as liabilities such as credit card debt and mortgages. The collaborative nature of mediation allows for creative solutions that a judge might not be able to order. Alimony (Spousal Support): When one spouse has a financial need and the other has the ability to pay, alimony may be a point of contention. Mediation provides a forum for a detailed discussion about the financial circumstances of both parties, allowing them to agree on the amount, duration, and type of alimony that makes the most sense for their unique situation. Parental Responsibility and Time-Sharing (Child Custody): For parents, the most critical part of a divorce is often the creation of a parenting plan. Mediation allows parents to craft a plan that reflects their children's best interests while also accommodating their individual schedules and needs. The parents have the autonomy to decide on issues such as a time-sharing schedule, holiday arrangements, and who will be responsible for major decisions regarding the children's education and healthcare. Child Support: While child support is typically calculated using Florida's statutory guidelines, mediation can help parents come to an agreement on the specific details of these payments. It also allows for open discussion about who will cover other child-related expenses, such as extracurricular activities, private school tuition, or college savings. The Benefits of Mediation Over Litigation Choosing mediation over traditional litigation offers a number of compelling advantages that can make the divorce process less painful and more productive. Cost-Effective: Litigation can be extremely expensive, with legal fees, court costs, and other expenses adding up quickly. Mediation is generally far less costly, as the parties are only paying for the mediator's time and their own attorney’s preparation and attendance at the mediation session, not for prolonged court hearings and trials. Faster Resolution: The court system can be slow and unpredictable. Mediation, in contrast, can often resolve all issues in a single day or over a few sessions, leading to a much faster finalization of the divorce. Confidentiality: Court proceedings are a matter of public record. Mediation is a private and confidential process. The details of your family life and finances remain between you, your spouse, your attorneys, and the mediator, providing a level of privacy that litigation cannot. Greater Control and Flexibility: In litigation, a judge makes the final decisions, and both parties must abide by them, regardless of whether they agree. In mediation, the parties themselves are the decision-makers. This empowers them to create a unique and flexible agreement that addresses their specific needs and goals. Improved Communication and Reduced Conflict: Mediation encourages cooperative problem-solving rather than adversarial tactics. This can help improve communication between the parties, which is particularly important for co-parenting after the divorce is finalized. The Role of Attorneys in Mediation While the mediator is a neutral party, it is still highly recommended that each spouse have their own attorney. The attorneys' role in mediation is not to argue, but to advise their clients, ensure they understand their rights, and help them negotiate effectively. An attorney can also draft the final settlement agreement, which, once signed by both parties, can be submitted to the court for approval. Having an attorney by your side ensures that your interests are protected and that the agreement you reach is legally sound and enforceable. Conclusion: A Path to a Brighter Future Divorce mediation in South Florida offers a powerful alternative to the traditional court system. It is a process that is designed to be efficient, confidential, and respectful, allowing couples to move forward with their lives with dignity and a sense of control over their own future. For many, it is the best way to resolve family law disputes amicably and peacefully. At The Dixon Law Firm, we believe that an amicable resolution is often the best resolution. Alicia Dixon, Founding Attorney at The Dixon Law Firm, is One of Boynton Beach Florida's Top Family and Divorce Attorneys. She is dedicated to providing results for you. If you are considering divorce mediation or have questions about the process, we invite you to contact us to learn how we can help you achieve a favorable and peaceful resolution to your family law matter. Disclaimer: This blog post is intended for informational purposes only and does not constitute legal advice or create an attorney-client relationship. 1 Paternity and family laws in Florida are complex and fact-specific. You should consult with a qualified Florida family law attorney regarding your particular situation. Contact The Dixon Law Firm for personalized legal counsel.