Palm Beach Gardens Child Support Lawyer
Child support in Florida is not a figure the judge picks after hearing both sides. The guideline amount is presumed correct, and the real fight is usually over the numbers that feed it: whose income counts, what gets deducted, and how many overnights each parent actually has. Williams & Varsegi, LLC is a boutique firm that practices exclusively in divorce and family law, and we handle child support cases for parents in Palm Beach Gardens and throughout Palm Beach and Broward County.
If you are searching for a Palm Beach Gardens child support lawyer, you are probably in one of a few places: a divorce is starting, an existing order no longer fits your life, or someone is not paying. Each of those calls for different decisions, and the decisions you make early tend to set the number for years. We work with families whose finances are simple and with families whose income includes business interests, bonuses, and stock compensation.
How Florida Calculates Child Support and Where the Disputes Arise
The calculation starts with each parent’s gross income. Allowable deductions come off to produce a net income for each parent, and the two figures are added together into a combined net income. The state’s guideline schedule then sets a presumptive amount based on that combined figure and the number of children, and each parent’s share is allocated by their portion of the combined income.
Because the guideline amount is presumed to be what the court must order, arguing for a different number is an uphill effort. A court that departs by more than five percent from the guideline has to explain why in written findings. That makes the inputs the battleground. Is a parent’s bonus recurring income or a one-time payment? Is a business owner’s reported income the whole picture, or are personal expenses running through the company? Is a parent voluntarily earning less than they could?
Overnights matter too. When a parent has the children at least 20 percent of the overnights, which works out to roughly 73 nights a year, the formula adjusts to account for the cost of maintaining a household where the children actually live part of the time. Since mid-2023, Florida law has also carried a rebuttable presumption that equal time-sharing serves a child’s best interests, so the parenting schedule and the support number are more tightly linked than they used to be. We look at both together rather than treating them as separate problems.
For families above the top of the guideline schedule, the math changes. Support is the schedule’s top amount plus a percentage of combined net income over that ceiling: 5.0 percent for one child, 7.5 percent for two, 9.5 percent for three, 11.0 percent for four, 12.0 percent for five, and 12.5 percent for six. Higher-earning households in Palm Beach Gardens often land in this range, which makes the characterization of income and expenses even more important.
Why Choose Williams & Varsegi, LLC for Child Support Cases
Williams & Varsegi, LLC is a boutique firm built around one field: divorce and family law. Our attorneys bring over twenty years of experience to clients across Palm Beach and Broward County, and our caseload runs from high-net worth, high-conflict disputes to uncontested and simplified matters. We know Florida’s support statutes, the tendencies of local judges, and the practical difference between a number that looks right on paper and one that holds up in court.
Child support is often decided alongside time-sharing, alimony, and property division, so a lawyer who handles all of those at once sees how one affects another. When income is hard to pin down, we work with forensic accountants, business valuators, and other experts to establish what a parent actually earns. We are skilled negotiators and experienced litigators with extensive courtroom experience, so we can settle a case on good terms when that is possible and try it when it is not.
Our clients work directly with experienced attorneys who know their case. That includes Emerald Williams, Lawyer, and Katie, whom clients describe in their reviews as responsive and knowledgeable. One client wrote that Katie represented her for more than three years and made the process smoother and less anxious. Another said Emerald kept every promise she made at the first consultation. Reviews also credit our staff for being on time and easy to work with, and the firm carries a 5-Star Rating from client reviews.
Situations That Bring Parents to a Child Support Attorney
- Support Set During a Divorce: Child support is determined as part of the final judgment, and temporary support can be ordered while the case is pending. The income figures and overnight schedule used at this stage often carry into the final order.
- Modification After a Change in Income or Schedule: A change is presumed substantial when recalculating under the current guideline produces a number that differs from the existing order by at least 15 percent or $50, whichever is greater. Job loss, a promotion, or a shift in overnights can all trigger that.
- High-Income Households: When combined net income exceeds the top of the guideline schedule, support is the schedule’s top amount plus a percentage of the excess. Disputes center on bonuses, equity compensation, and business income.
- Self-Employed and Business-Owner Parents: Reported income may not reflect real earning capacity. Add-backs, personal expenses paid by the company, and retained earnings are common points of contention.
- Time-Sharing Disputes That Affect Support: A parent with at least 20 percent of overnights qualifies for the adjusted formula, so scheduling fights frequently have a financial motive that we try to identify and address.
- Enforcement of Unpaid Support: When a parent falls behind on court-ordered payments, we pursue enforcement through the court that entered the order.
- Relocation: A move of at least 50 miles lasting 60 or more consecutive days can disrupt the parenting plan and, with it, the overnight count used in the support calculation.
- Premarital Agreements: A premarital agreement cannot adversely affect a child’s right to support, whatever the spouses agreed to between themselves.
What to Do Now if You Are Facing a Child Support Case
Start with documents, because the guideline calculation is only as accurate as the income evidence behind it. Gather recent pay stubs, tax returns, W-2s and 1099s, and statements for any business or investment income. Collect records of health insurance premiums for the children and any work-related daycare costs, since both feed into the calculation. If you are the parent receiving support, expect the other side’s finances to be scrutinized in discovery; if you are the paying parent, expect yours to be.
Keep an honest log of overnights. The 20 percent threshold, roughly 73 nights a year, can shift the number meaningfully, and a calendar kept in real time is far more persuasive than memory later. Do not agree to a schedule just to end a conflict without understanding how it changes the support figure.
If you have been served with a petition, a response is due within 20 days, and ignoring it risks a default. Family cases in Palm Beach County are heard in the Fifteenth Judicial Circuit. For a Palm Beach Gardens resident, the North County Courthouse in Palm Beach Gardens accepts new family court filings, and the main courthouse in West Palm Beach is the other primary hub for family matters. Palm Beach County clerk offices are open Monday through Friday from 8 a.m. to 4 p.m.
Common mistakes are avoidable. Do not stop paying an existing order because circumstances changed; the order stays in force until a court modifies it, and unpaid amounts accrue. Do not hide income or assets, since full financial disclosure is mandatory and concealment can bring penalties. And do not assume a handshake deal with the other parent is enforceable. Only a court order can be enforced.
Modifying and Enforcing an Existing Order
An order that was fair when entered can become unworkable. To change it, you generally must show a substantial change in circumstances, and the 15 percent or $50 recalculation test gives a concrete benchmark for child support amounts. The change has to be real and documented, not a temporary dip. Modification of the underlying parenting plan carries its own standard: a substantial and material change, and the legislature has removed the old requirement that the change be unanticipated.
Orders reviewed by the Department of Revenue follow a related rule: if the award differs from the guideline by at least 10 percent and at least $25, the department can seek modification without proof of a change in circumstances. Whether a review is the right move depends on which direction the number would go.
Enforcement is the other side of the same coin. When a parent does not pay, the remedy runs through the court that issued the order, and we help clients document arrears and press for compliance. If your income has dropped and you cannot pay, the answer is to file for modification promptly rather than letting arrears build.
Palm Beach Gardens Child Support Questions
How does Florida determine the amount of child support?
The court adds both parents’ net incomes, applies the guideline schedule for the number of children, and allocates the result by each parent’s share of income. Health insurance, daycare, and the overnight split can adjust the final figure. The guideline amount is presumed to be the correct award.
Can a judge order something different from the guidelines?
Yes, but only with written findings explaining why the guideline would be unjust or inappropriate. A departure of more than five percent requires that explanation, so courts do not deviate casually.
How many overnights change the calculation?
A parent who has the children at least 20 percent of overnights, about 73 nights per year, qualifies for the time-sharing adjustment. Below that threshold, the standard formula applies without the adjustment.
Does the equal time-sharing presumption mean no child support?
No. Equal time-sharing is a rebuttable presumption about the parenting schedule. Support still depends on each parent’s income, and a parent who earns significantly more may still pay even with a 50/50 schedule.
What if our combined income is very high?
Above the top of the guideline schedule, support is the schedule’s top amount plus a set percentage of the income over that line. The percentage rises with the number of children, from 5.0 percent for one child to 12.5 percent for six.
When can I ask the court to change my support order?
When a recalculation under the current guideline differs from your existing order by at least 15 percent or $50, whichever is greater, a substantial change is presumed. A documented change in income or overnights is the usual trigger.
Can I stop paying if I lose my job?
No. The existing order remains enforceable until a court changes it, and missed payments become arrears. File for modification as soon as your income changes so any adjustment can be considered promptly.
Can a premarital agreement waive child support?
No. Florida law provides that a child’s right to support cannot be adversely affected by a premarital agreement. Spouses may allocate property between themselves, but not the child’s entitlement.
How is self-employment income treated?
Courts look at actual earning capacity, not just what appears on a tax return. Business expenses that are really personal, and income retained inside a company, can be contested, and forensic accountants are often involved.
What happens if the other parent moves far away?
A relocation is a move of at least 50 miles lasting 60 or more consecutive days. If a parenting plan is in place, court approval is generally needed. An objection must be filed in writing within 20 days of service of the petition, and the move can change overnights and therefore support.
Does the Department of Revenue ever adjust orders on its own?
For orders it reviews, the department can seek modification without proof of changed circumstances when the award differs from the guideline by at least 10 percent and at least $25.
Is it worth hiring a lawyer if we mostly agree?
Often, yes. An agreed number still has to be consistent with the guidelines or supported by findings, and small errors in income or overnight counts can cost real money over many years.
Serving Child Support Clients Across Palm Beach and Broward County
We represent parents in Palm Beach Gardens and throughout Palm Beach County, including Jupiter, Juno Beach, North Palm Beach, Palm Beach, West Palm Beach, Lake Worth, Wellington, Royal Palm Beach, Boynton Beach, Delray Beach, and Boca Raton. Family cases from these communities are heard in the Fifteenth Judicial Circuit.
Our reach extends south into Broward County, where we serve families in Coral Springs and Parkland, along with neighboring communities such as Fort Lauderdale, Deerfield Beach, and Pompano Beach. Broward family cases are handled by the Seventeenth Judicial Circuit. Whether your case sits in Palm Beach or Broward, we handle child support alongside the divorce, time-sharing, and property issues that surround it.
Talk With a Palm Beach Gardens Child Support Attorney
The income figures and overnight counts that go into a support case are set early, and they are much harder to correct later. If you are starting a case, facing a modification, or dealing with unpaid support, speak with a Palm Beach Gardens child support attorney at Williams & Varsegi, LLC. Call to schedule a consultation, and we will review your situation, explain how the guidelines apply to your numbers, and lay out a plan that fits your family.
