Enforcing Child Support in Florida

A separation between parents can be heartbreaking on an emotional level, but it will also create other hardships in the life of a family. Financially, it can be difficult to lose an income when raising a child, especially if one parent will be responsible for most of the care of the child. Therefore, we have measures in place to ensure that children who are involved in a divorce or parental separation are eligible to receive financial resources.

In the state of Florida, all children under the age of 18 have the right to receive ongoing financial support from both parents. Many times this is in the form of child support from one parent to the parent who has primary custody of the child. It’s important to note that you don’t have to be married to be required to pay child support to the other parent. If paternity is established, child support can be required.

Enforcement of Child Support

Child support is determined based on the income of both parents in the state of Florida. If the parent who is required to pay child support fails to pay, there can be severe consequences. In the state of Florida, you can be considered in contempt of court for failing to pay court-mandated child support.

In order for one parent to report a failure to pay, he or she should contact the local child support office through the Department of Revenue and report the failure to pay by the other parent. A case for hearing will be filed, and a hearing officer will hear the case. The hearing officer is not a judge but can offer recommendations to a judge based on the evidence in the case. If the hearing officer deems that the neglectful parent has the means to pay the child support but willfully failed to pay, the Department of Revenue can file a “motion for contempt.”

Moving Out of State

A parent who moves out of the original state where the child support was ordered is still obligated to pay, and it is still possible to enforce the child support order in the new state. There is a Federal law called the “Uniform Interstate Family Support Act” that has been adopted in all 50 states to protect the child support orders of other states. If a parent moves to another state, that state cannot change the child support order of the previous state if the other parent or child still resides in the original state.

Penalties of Failure to Pay Child Support

If you are found in contempt of court for failing to pay child support, these are some of the penalties you may receive.

• Suspension of Driver’s License or vehicle registration
• Suspension of business
• Fine
• Bank accounts may be seized
• Income tax return may be seized
• Passport denial
• Jail or prison time

Any time there are issues arising with child support, you should contact a qualified family law attorney who has specialized knowledge and experience related to child support cases. The well-being and financial resources of your children should always be most important, and a family law attorney can help you determine the best course of action.

References:

Child Support Enforcement in Florida. (n.d.). Retrieved from https://statelaws.findlaw.com/florida-law/child-support-enforcement-in-florida.html

Child Support. (n.d.). Retrieved from http://www.miamisao.com/services/child-support/

Wolf, J. (n.d.). Here’s How to File for Child Support in Florida. Retrieved from https://www.thebalance.com/how-to-file-for-child-support-in-florida-2998005

Vohwinkle, J. (n.d.). What Single Parents Should Know About Child Support. Retrieved from https://www.thebalance.com/how-to-collect-child-support-1289811

 

 

4 Things to Know About Child Support in Florida

Divorce is a life altering experience that results in a number of changes for both you and your spouse’s lives, but also in the lives of your children. With divorce comes the added process of making sure that the children are provided for not only mentally and emotionally, but also financially. To do so a child support agreement may be put into place by the court. No two child support agreements are the same, but in the state of Florida there are several things that you can expect when entering into one of these agreements – no matter which side of the situation you are on.

It’s important to note that nothing is permanent and just like a custody agreement, child support agreements can be updated if there are new circumstances like a change in income whether its an unexpected drop or substantial increase. This is a matter that would need to be taken to court and often the assistance of a family law attorney is needed.

Here are 4 things to keep in mind when it comes to child support in Florida:

1. The custody agreement will be taken into consideration – One of the biggest factors when it comes to determining child support is how much time the child(ren) will be spending with each parent. The number of overnight visits per year will help decide what the additional financial responsibility will be. The more overnights, then the less one would have to pay as its assumed they are responsible for all finances while taking care of the child. If there is a 50/50 custody arrangement in place and both parties make roughly the same amount of money, chances are no one will be paying child support in this instance. Typically, whichever parent makes more money, or has them less would be the one to pay child support.
2. Net income will be a major deciding factor – When it comes time for the courts to calculate what the dollar amount will be net income for each parent will be taken into consideration. This means the amount of income after monthly taxes, health care, and any retirement payments, etc. This will show the true income that each parent has available to handle their actual finances each month.
3. Don’t forget to include any daycare or health care costs – While figuring out what your child’s monthly expenses are the usual suspects like food, clothing, and shelter are important but don’t overlook things like daycare costs or medical expenses. Be sure to calculate what is needed on a regular basis, as well as what could be needed in case of an emergency. Keep track of these costs in case a change needs to be made to the agreement in order to cover such expenses at a later date.
4. Consider an Income Withholding Order – In the state of Florida, when it comes to court ordered child support, it’s possible to have an Income Withholding Order put into place that would automatically deduct the child support payment from the payer’s paycheck, within each pay cycle through their employer. Sometimes this is mandated by the courts and usually makes things easier on both parties as it allows for a paper trail and there are no missed payments or opportunities to forget to make a payment.

If you are currently working through a child support agreement, whether you’re the one requesting the payments or the one making the payments, consider hiring a family law attorney to help you through the process. Someone like Russell Spatz can help you to understand the court’s process and to calculate an amount that works for you and your child’s needs. Give him a call today at (305) 442-0200.

What Happens When Children Refuse Visitation with a Parent?

No one gets married and starts a family with the intention to get divorced, but sometimes a divorce is an unavoidable part of life. While divorce isn’t easy on anyone, it can be made enough harder when there are children involved. It’s not rare for children to be caught off guard when a divorced is announced. This is a change in dynamic that can cause emotions to erupt as their parents are suddenly living in different homes with different lives.

Divorce agreements typically involve a custody arrangement that will dictate which parent is the primary parent and which one has visitation rights. Legally, the parents must follow this agreement, but what happens is the child doesn’t want to partake in the way the courts have approved?

Reasons Why a Child Might Refuse Parental Visitation

There are several reasons why a child might not want to abide by a scheduled visit.

• Overwhelmed by the changes of a new home
• Stressed by a new forced routine
• Interference with school schedule or planned activities
• Fear of missing out when it comes to their friends and what’s happening at “home”
• A parent having a new partner that the child isn’t ready to accept
• A parent is too strict or harsh (sometimes even abusive)

What are the Legal Obligations of Parents When It Come to Visitation?

When a child refuses to take part in the court approved visitation schedule, it puts the primary parent in a tough spot. Of course, the first thought from the parent is to protect their child and not force them into a situation where they might feel uncomfortable. But one must remember that the other parent has the right to see and spend time as it’s their child as well. By not complying with the visitation schedule it can be considered a custody order violation and legal consequences may follow. Ultimately, a judge is the one to decide is the custody order must be forced. The goal is always to try to have the child establish a well-balanced relationship with each parent. Changes to the custody order, whether requested by a parent or the child, must go through the courts and be approved by a judge after proving why a new arrangement would be a better fit for the child.

What Parents Can Do To Ease the Situation

A simple talk with your child about their feelings and their fears when it comes time to visit their other parent can make a world of a difference. Let them know you support them and are there for them, but remind them that their other parent loves them and supports them as well. You might not be a normal family anymore, but that doesn’t mean they are loved any less.

If you are doing through a divorce and are in need of a family attorney to help settle your affairs, such as a custody agreement, consider giving Russell Spatz a phone call at (305) 442-0200 today to see how he can help you. With decades of experience, he’s handled all types of family law cases and will always have his client’s best interest in mind.

Florida Supreme Court May Hear Child Support Case

In child support matters, discrepancies often occur between the parents, but not many of them make their way to the Florida Supreme Court. The Fourth District Court of Appeal, however, recently asked the state’s Supreme Court to hear a matter in which a woman is attempting to sue her ex-husband’s employer for covering up his real income. The appeals court is asking for the case to be heard by the Florida Supreme Court because it is refusing to amend Florida law that would create “a sweeping change.”

The appellate process began when a woman in Palm Beach County alleged that her ex-husband and his employer conspired to cover up his real income. She claims that the two came up with the plan in order to keep her from receiving court-mandated child support payments.

In an article that appeared on Florida Record, Professor Timothy Arcaro of Nova Southeastern University, commented that there would be cause to pursue a violation of the court mandated child support order if the employer knowingly reported a reduced income. The violation would most likely be sought against the employer, which could be held responsible for breaking the law by the Florida Supreme Court.

Child support matters are complicated. Although the State of Florida has specific parameters set up for calculating child support, a variety of factors go into the final amount to be paid. In addition, child support is never written in stone. Whether you need to set up child support for the first time, amend your child support due to financial changes, or collect unpaid child support, a family law attorney can ensure that your rights are protected.

References:

JACOBSON, K. (2016, November 23). Florida appeals court asks state supreme court to take up child support case. Retrieved November 30, 2016, from http://flarecord.com/stories/511048156-florida-appeals-court-asks-state-supreme-court-to-take-up-child-support-case

 

 

 

5 Things to Know Before Filing for Divorce in Florida

Filing for divorce is a difficult process for most. Knowing what to expect, and having the trusted guidance of an attorney throughout the proceedings can make it a little less painful. Here are a few key things you should know before filing for divorce in Florida:

1. Where to file: Each local circuit court has a Family Department. One spouse can file a “Petition for the Dissolution of a Marriage.” The other spouse will be served papers and then they may respond.
2. Average length of process – Depending on the type of proceeding, a divorce can take anywhere from four months to years. An uncontested divorce—where the parties involved have no dependents and agree to the divorce and division of their assets—can be completed in four months. Initially contested cases, in which one party disputes either the divorce or its terms, are generally resolved in mediation prior to a final hearing. These take about six months, sometimes more. Contested cases take the longest, as they typically end up in court. In these cases, a year or more is not uncommon.
3. Alimony – A court may order alimony depending on how long a couple was married, what their standard of living was, and the age and health of each spouse. Alimony can be short or long term, and may be awarded to allow one spouse an adjustment period, such as in the instance where education or retraining expenses which may be required by a spouse who did not work outside the home during the marriage. Durational or permanent alimony can be awarded, particularly for longer marriages.
4. Assets – Assets and debts acquired over the length of the marriage are to be divided fairly between the divorcing parties. These are “marital assets.” “Non-marital assets” include whatever the couple entered into the marriage with. Each party is entitled to keep their non-marital assets, as long as they were not used to acquire marital assets (such as shared property).It is important to have all documentation – tax returns, bank statements, mortgage information, and any other significant financial information when filing
5. Custody and Child Support – In Florida, the term “custody” is no longer used in courts. Instead, the concept is referred to as “timesharing.” When it comes to timesharing, if you and your ex-spouse cannot come to an agreement, the court will make a ruling based on what it determines the “best interest” of the child or children. Unless there is a reason one party is incapable of caring for the children, timesharing is generally divided up as a shared responsibility. Factors taken into account are each individual’s fitness as parents, preferences of the child, and ability to provide for the child. As for child support, it is determined upon a variety of factors. Florida’s standard needs table assesses child support amounts based on the child’s age, health, and child care costs. Judges use those guidelines to determine how much each parent is obligated to pay.

In a perfect world, divorce would be swift and painless. In reality, it can be a trying time. An well-versed family law attorney can provide practical levity at a time when their clients may be inclined to emotional decision-making.

Sources:

10 Things to Know About Divorce for Florida Residents, www.attorneys.com

Getting a Divorce in Florida, www.divorcenet.com, Lina Guillen

How Long Does a Divorce Take in Florida?, myfloridalaw.com