Articles Posted in Child Support

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If you have the means to pay child support, you should do so immediately. In fact, failure to pay may be a crime if you have the money but simply refuse to pay it.

If you do not have the money to pay due to a loss of job or other valid reason, you should work with the court to alter your payment arrangement. A Florida Family Law Attorney can help you in this process. Though you can technically go through the process yourself, the process may be confusing and an attorney can help you navigate the process. Contact a Florida Family Law Attorney today to discuss your best options.

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money.jpegRelying on child support payments can be a frustrating experience. This can get even more complicated when an ex moves out of the country bust still owes child support. It becomes very difficult to legally secure that money. Florida’s new law attempts to make it easier to secure payments from parents who leave the country and still owes child support in the US.

Additionally, the new law establishes rules for courts when deciding permanent alimony. Courts must now determine “fair and reasonable” alimony payments before awarding such payments. Additionally, alimony payments won’t be awarded if doing so would leave one party with significantly less income (except in exceptional circumstances).

Divorce, alimony, and child support issues are never easy to deal with. If you are going through any court proceedings involving these issues, make sure to speak with a Florida Family Law Attorney to discuss your situation.

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In Florida all parents must contribute to the support of their minor child(ren). A minor child is defined as a child who has not yet reached majority (18 years old). If however, the child is 18 but is still in high school, than child support can be extended until either high school graduation or the child’s 19th birthday; whichever occurs first.

Child support in Jacksonville is based upon the Florida Child Support Guidelines and the net income of both parents. It is based solely upon income and parent’s expenses or cost of living is never considered. Parents CANNOT legally waive child support. Child support is a right of the child, thus not a right of parents who can choose to waive them. Therefore, in every case where there are minor children, child support must be determined.

For more information regarding Child Support in Jacksonville, Florida, contact a Jacksonville Child Support Attorney today.

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A Parenting Plan is a document that governs the way divorcing parties relate to one another about the decisions made regarding their children. A Parenting Plan includes a time-sharing schedule that dictates when the parties’ children will be spending time with each parent, including overnights, weekends, holidays and summer breaks. Also included in a Parenting Plan is how often and the method of technologies that the parents will use to communicate with the children.

If a Parenting Plan can be developed and agreed to by the divorcing parents then it only needs the approval of the Court to become binding. However, if the divorcing parents cannot agree, the schedule will be established by the Court’s determination.

If you have questions regarding an upcoming divorce or a current parenting plan contact a knowledgable Jacksonville Divorce Attorney today.

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contempt.jpgTimesharing disputes often conclude where one party is granted majority timesharing of a child, while the other is issued a court order to pay child support each month. The effect of the court order is a legal obligation for the minority timesharing parent to make monetary payments to the majority timesharing parent. Unfortunately, many minority time sharing parents withhold making these payments even when they have sufficient means.

As a St. Augustine Divorce Attorney, majority timesharing parents often ask me if they can force the minority timesharing parent to fulfill his or her payment obligation. In short, yes, there are several avenues in the Florida legal system. A Judge can hold the minority timesharing parent in contempt if he or she fails to make the court ordered payments. Contempt of court is a legal term of art that simply means there is a violation of a court order.

As a result, the minority timesharing parent could go to jail. However, he or she “holds the keys to his or her cell.” If the minority timesharing parent pays the money owed to the majority timesharing parent or proves his or her income is so low that he or she cannot make the payments, then a judge may not require jail time.

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leprechaun_1.jpgAs a practicing Florida Child Support Attorney, I have seen one party to the original divorce in Florida have an increase in assets. Usually this sort of increase does not happen all at once, it can sometimes take years. A competent Child Support Lawyer in Florida should know that Florida courts determine the financial status of each parent before deciding which party should pay and in what amount.

The increase in wages one party earns is one example of a “changed circumstance” in which the court can reevaluate a child support award. The court calculates this on a month to month basis. By doing a month to month calculation, a court can see which income that party receives every month. However, the court will generally not included amounts that are non-reoccurring.

If you think that either you or your ex-spouse has had some “changed circumstance” that would affect a court’s decision about the amount of child support to be paid, you should speak with a Florida Child Support Attorney who will be knowledgeable about how you should proceed.

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In my practice as a Florida child support lawyer, I see people all the time who have been affected by these tough economic times and now cannot pay the Florida child support obligation that has been ordered. If you have been ordered by a Florida court to pay child support, and you do not pay that support, there are two routes a court can take to punish you for not paying. One route is a Florida child support attorney can file a motion for contempt against you, and the court can order a judgment against you for the delinquent amount with interest accruing until you pay plus any administrative costs, filing fees, and any other expense the court deems necessary. These costs can add up quickly.
If the other party can prove that you did not pay on purpose, you could be deemed “in contempt of court” and possibly jailed for this offense.
If you believe that the child support amount you have been ordered to pay are not correct, the best avenue is to continue paying until a Judge can rule on the matter and enter a separate order correcting the child support amount. You should consult a Florida Child Support attorney to assist you in determining the legal avenue you should pursue make sure you are paying the correct amount.

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wallet with money.jpgIn today’s economic times, people are having difficulty paying their Florida child support obligation. As a child support lawyer in Jacksonville, Florida, I see people who are entitled to a lower child support obligation but they have no idea how to go about getting the obligation reduced. As such, they just keep getting farther and farther in the hole and their arrearages keep growing and growing and growing. If you have been laid off from your employment due to the economic times or if you cannot find a job due to the economic situation of the country then please contact a Jacksonville, Florida child support attorney to help you lower your child support obligation in Florida.

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Can both parents mutually agree to waive child support payments in a divorce or paternity action?

As an Orange Park Child Support Attorney I have come across this topic on several occasions. I always tell clients and potential clients that child support is a right that benefits the child. A parent’s child support obligation cannot be removed by agreement and a child’s right to receive support from their parents is inherent and cannot be waived. Eliminating child support is simply not an option.

Contact an Orange Park Child Support Attorney to learn more about child support and other family law issues.

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jail.jpgIn Florida, if a parent does not pay their court ordered child support they could likely find themselves behind bars. However, to put a non-paying parent in jail the court must:

(1) Find that the parent is willfully failing to pay the ordered child support amounts, (2) make the affirmative finding that the non-paying parent possesses the ability to comply with the purge amount and (3) put the above two requirements in a written order.

Contact a Jacksonville Beach Divorce Lawyer today if you are worried you may be found in contempt of court for non-payment of child support.

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