Child Support Attorneys in Miami-Dade County
Handling Determination, Modification & Enforcement Cases
At Orshan, Spann & Fernandez-Mesa, our job is to ensure that your children are provided for and that your rights are not violated in the child support determination, modification, or enforcement process. We strive to resolve support-related disputes through negotiation and mediation but are never afraid to take a case to the courtroom if we feel litigation will yield the most favorable results. From our office in Coral Gables, we represent any parent involved in a child support dispute in Miami-Dade County.
Initial Determination of Child Support
Child support is a payment made from one parent to the other to support a child they share. Child support can be ordered whether the parents are divorcing or were never married. If the parents are unmarried, paternity must be established before child support can be ordered.
Child support and child support related payments are intended to cover the costs of raising the child, possibly including:
- Education, private school
- Food, shelter, and clothing
- Extracurricular activities
How Support Is Calculated
The court awards support on a case-by-case basis in accordance with Florida child support guidelines and applicable case law. Above all, the child’s best interest is the highest priority.
When awarding child support, courts consider several factors, including but not limited to:
- Each parent’s income and earning capacity
- Each parent’s financial resources and assets
- The child’s particular medical, educational, or special needs
- How much time each parent spends with the child
- The quality of life the child enjoyed while the parents were married (if applicable)
Our attorneys can provide an initial approximation of what you may be expected to pay or receive. We can also explore the reasons the court might potentially deviate from the state child support guidelines. After uncovering each parent’s information and finances, we can more precisely calculate the amount of child support and related payments in your case.
Modifying Child Support
After a child support order has been established, there is still an opportunity to change it. You have the right to request a child support modification if you can prove that your circumstances have changed substantially since the original order.
A substantial change of circumstances has been defined as one that is significant, material, involuntary, and permanent. Each word of the definition has been interpreted by case law and requires analysis to determine whether modification is available in each case.
A valid change in circumstances may occur when:
- A parent gets a raise or promotion
- A parent loses their job or their income decreases
- A child’s medical, educational, financial, or psychological needs change
Our Miami-Dade child support lawyers can assist you in determining whether a child support modification is appropriate in your case and help you make your case before the family court judge. We can also represent you if you are defending against the other parent’s request for modification.
Child Support Enforcement
Is the other parent of your child failing to meet their court-ordered child support obligations? Are they falling behind on payments or outright refusing to pay? Orshan, Spann & Fernandez-Mesa can help you in your efforts to compel the noncompliant parent to meet their obligations. Florida laws offer various remedies to enforce child support, including contempt of court proceedings.
If the other parent is found in contempt of court, they could face penalties such as:
- Interest on outstanding funds owed
- Attorneys’ fees and costs
- Wage garnishment
- Income withholding orders
Discuss Your Case with Orshan, Spann & Fernandez-Mesa
Every child has the right to financial support from both parents. That said, every parent has certain rights and should be expected to pay only what is fair and reasonable.
Whether you are a parent seeking child support or a parent being asked to pay support, you can count on our team to represent you zealously. Our child support lawyers in Miami-Dade County have decades of combined experience to put to work for your case.
We Treat You Like Family
We strive to provide quality, thoughtful, timely service to each of our clients. We provide timely, detailed updates on your case and make ourselves available to answer and follow up on any questions you may have.
Personalized Attention to Your Case
Every individual and family has a unique set of circumstances requiring a tailored approach. We treat each client as if they were our only client. Each case is treated with the utmost care and attention.
Thoughtful Preparation & Planning
We will get you through every step and be fully transparent of the process and what you can expect. We take a collaborative approach with our clients - we want to know what you think.
Quality, High-Caliber Representation
Our team is well-respected and recognized throughout the Miami-Dade area. We're known for our precise, in-depth knowledge of the law and versatile, strategic approach to each client's case.