Florida Divorce Guide – Taxation and Child Support Payments

Considerations for Taxation

There are important tax considerations in any divorce, including the dependency deduction for children, the taxability and deductibility of various forms of child support and alimony, and the effects of property transfers. Before finalizing your divorce, make sure you understand the tax implications of your settlement agreement. It may be too late to correct mistakes made after the signing of a marital settlement agreement or the entry of a final judgment. To learn more about this aspect of the dissolution process, you may want to consult with an accountant in addition to your attorney.

Child Support Payments

You and your spouse are both responsible for providing financial support for your children based on your income and their needs. Child support can be paid directly or indirectly through mortgage payments, insurance, or payment of medical and dental expenses. Normally, your obligation to support your child ends when he or she reaches the age of 18, marries, becomes emancipated, joins the armed forces, or dies.

Some of the child support issues that must be addressed are as follows:

  • The level of support.
  • The payment method.
  • Methods for ensuring payment.
  • When it is possible to increase or decrease child support.
  • Who is eligible for the dependency deduction for tax purposes?
  • Depending on the circumstances of your case, you may need to answer additional questions.

The amount of support is determined by guidelines that apply to all cases and are based on the parents’ income and the number of children, with adjustments for significant overnight contact.

If you are having difficulty receiving support payments from your spouse or former spouse, or if the time-sharing plan is not being followed, you should bring this to the court’s attention. Withholding time-sharing or child-support payments because either parent fails to pay court-ordered child support or violates the parenting plan’s time-sharing schedule is not legal.

Restoring the Former Name

In a Final Judgment of Dissolution of Marriage in Florida, the court has the authority to restore a spouse’s former name. A spouse who wishes to have his or her name restored must make the request in the original petition or a counter-petition for dissolution of marriage. Only the spouse’s name from before the marriage can be restored by the court. A spouse who wishes to change his or her name to something other than the previous name must usually take additional steps.

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