Custody & Support

Understand Custody and Support Standards

Spouses going through divorce often face detailed inquiries into their families and finances in order to determine child custody, child support and spousal support. Below we offer a brief summary of what you can expect when sorting out these issues. Contact us for a consultation about how these standards and procedures apply to your particular circumstances.

Demonstrate Your Child's Best Interests

In Florida, there is no automatic presumption or bias toward one parent when it comes to child custody. The custody determination is legally based, above all, on the best interests of the child.

Florida law recognizes 12 specific factors relevant to child custody and also authorizes the judge to take into account any other relevant fact. The 12 factors generally revolve around the demonstrated capacity of each parent to care effectively for the child, the nature of the current and desired future relationships between the child and the parents, and the preference of the child, if he or she is old enough.

Contested child custody cases can be difficult for everyone involved. You need a strong professional to represent your interests.

Get a Fair Child Support Outcome

Child support obligations for both parents are determined by a formula adopted by the Florida legislature and based on the income of each parent. In a contested child support case, the issue is generally determining each parent's income, which can be difficult in the case of nontraditional employment and self-employment.

We will help you collect and present evidence relevant to the child support determination. We can also help you seek child support modification if circumstances have changed, or child support enforcement if your ex-spouse is not keeping up with payments.

Will the Court Grant Spousal Support?

Spousal support, also known as alimony, is not granted in every divorce. Generally, if the marriage was long-term and there is a significant disparity in the income of the spouses and their earning ability, spousal support will be considered.

The judge can consider any factor necessary to do justice to both parties, including contributions to homemaking and career building as well as the amount of time it will take for one spouse to gain employment skills.

If you are going through a divorce, make sure that issues of child custody, child support and spousal support are addressed with the help of an experienced attorney. Contact us at our convenient location in Sarasota today.

Melinda A. Delpech, P.A.
46 N Washington Blvd Suite 22
Sarasota, FL 34236
Telephone: 941-365-4476
Fax: 941-951-2448

At Melinda A. Delpech, P.A., we represent clients in Sarasota, Florida, and throughout the Southwest Florida region of the Gulf Coast, including Bradenton, Englewood, Longboat Key, North Port and Venice; and other locations in Sarasota County and Manatee County.