Paternity

August 13, 2021

Will You Be Treated Fairly in Child Support Court?

Do You Know Your Rights in Child Support Court?

In a child support case, one cannot be incarcerated if they do not have the present ability to pay. Bowen v. Bowen, 471 So.2d 1274 (Fla. 1985). Although this case is binding on Florida courts, the author believes that self represented individuals do not get the benefit of legal protections against incarceration or cancellation of a driver’s license or professional license. The author believes that one reason for this is because laymen tend to believe that an administrative agency must take a neutral position (similar to a judge). This is not the case when it comes to collection of child support by the Florida Department of Revenue. The author, in the next paragraph is going to summarize the case of Bowen v. Bowen to give readers a clearer understanding of child support issues when the Florida Department of Revenue is involved.

The Case of Bowen v. Bowen.

June 21, 2021

Do I Need a Domestic Violence Injunction

by Neil Weinreb

What is Domestic Violence?

Under the Florida Statutes, Domestic Violence is defines as “any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offenses resulting in physical injury or death of one family or household member by another family or household member.” F.S. 741.28.

Is Domestic Violence Criminal?

June 3, 2021

FLORIDA’S RELOCATION STATUTE, DO I REALLY HAVE TO GET PERMISSION TO MOVE MORE THAN 50 MILES?

by Law Office of David M. Goldman

This is a question that is often asked by custodial parents. If you live in Florida the answer is yes. Florida has a relocation statute, and it is found at §61.13001 in the Florida Statutes. If you have a minor child and you are divorced or no longer in a relationship with the other parent, you cannot move more than 50 miles from the current residence without obtaining permission from the other parent or consent from the Court. This condition applies to both the custodial parent and the non-custodial parent. Your Jacksonville family attorney can assist you in determining how you can comply with the relocation statute to enable you to move.

The statute requires that unless there is an agreement between the parties, a parent or other person with time-sharing rights seeking relocation must file a petition to relocate and serve it upon the other parent, and every other person entitled to access to or time-sharing with the child. The pleadings must meet the following requirements:

a) The petition to relocate must be signed under oath or affirmation under penalty of perjury and include:

April 19, 2021

What Can I Do if My License is Suspended for Failure to Meet Child Support Obligations?

by Neil Weinreb

If Your License is suspended for Child Support Obligations, What Can You Do?

Florida law allows one’s driver’s license to be suspended when they fail to meet their support obligation. If your license is suspended as a result of child support obligations that are not satisfied, you should understand the law. If one truly cannot pay their obligation because they simply do not have the financial resources to do so, your license cannot be suspended, but you must act promptly.

Your License Can Be Suspended for Child Support Failures

March 23, 2021

What Do You Need to Know About Timesharing in Florida?

by Neil Weinreb

Why Timesharing is Important?

A dissolution can be a very emotional experience for some. This is especially true when a divorce involves children. The current rules require that when parties have children, a parenting plan must be developed. The parenting plan details parental responsibility, timesharing (formally referred to as visitation), and child support. It may also include additional details unique to a particular child or children, or it may address a unique family situation. Although the Court system attempts to equalize timesharing between parents, this is not always possible. Parents may work or live so far apart that a 50% timesharing schedule would be impractical.

What Are the Different Types of Timesharing?

March 1, 2021

What You Need to Know About Mandatory Disclosure in Florida

by Neil Weinreb

How do you and your spouse share the finances?

Most married couples have their finances mixed together. For instance, it is not unusual for a married couple to share credit cards, savings and checking accounts, real estate, and other property. When parties go through a dissolution, these finances must be untangled. The process of distributing assets to each party is known as equitable distribution. The process of exchanging financial information with the opposing party is known as mandatory disclosure. The Family Law Rule of Procedure, Rule 12.285 details what information must be disclosed as well as the time periods for disclosure.

What forms do you need to complete?

December 29, 2020

DISESTABLISHING PATERNITY AND TERMINATING CHILD SUPPORT

by Neil Weinreb

Few people want to accept responsibility for a lifelong obligation that they were not responsible for. There is more than one way under Florida law to create a parental relationship with a child. Not all relationships in today’s society follow the model that involved a two parent family whereby the husband was the bread winner and the wife was a stay at home mother. Today, the norm has changed, and single parent households are much more commonplace than they were traditionally.

There are a number of ways that paternity can be established. When a woman is married and she becomes pregnant, there is a legal presumption that the husband is the father. This is true even where the husband could not physically have impregnated the wife. Section 742.10 of the Florida Statutes covers all of the ways that paternity of a child can be established. In short, paternity can be established when a married woman has a child, by consent, by court order, or by the legal father signing the birth certificate and notarized documents admitting paternity.

When a woman has a child out of wedlock and applies for governmental assistance, she may find that the agency or agencies she is applying through will require her to participate in a legal proceeding to establish the paternity of the child. In part, this is because the government wants to make the father responsible for supporting the child. Both parents are responsible for their child and a father or mother can be required to support their child until they reach majority. In some rare cases, they may have legal responsibility beyond the age of majority. The author of this article has handled numerous child support cases over the last 16 years and he has seen some people have their lives wrecked after they were required to pay child support (an Obligor). When an Obligor discovers that the child they are supporting is not theirs, disestablishing paternity may be an option for them. Although disestablishing paternity will terminate an ongoing support obligation, it will not extinguish any child support obligation which has accrued. Even when disestablishing paternity is successful, an otherwise Obligor may still have to pay a large arrearage.

June 30, 2020

Do You Need A Prenuptial Agreement?

by Neil Weinreb

There may be some negative stereotypes that are associated with Prenuptial Agreements. Typically, neither party wants to detract from the blissful atmosphere typical prior to a wedding. However, a Prenuptial Agreement can also help preserve a marriage. This is because there is certainty as to how things will terminate should the marriage not last.

The thought alone of creating a prenuptial agreement can cast a negative light upon a wedding. To some, the contemplation of a prenuptial places a negative light upon wedding preparations and the future of the relationship. Having to plan for divorce is an admission that a relationship is not permanent. That said, it is far better to deal with the details of how a relationship is going to end (should it end) while a couple is reasonable and loving compared with being negatively affected by the hostilities and uncertainties of divorce.

In Florida, there are several types of alimony that courts may consider. There are factors that affect the amount of alimony that can be provided for such as, length of a marriage, the equality of earning ability between the spouses, and the assets that a court must divide. Florida law creates a rebuttable presumption against permanent alimony when a marriage is 7 years or less, which under the Florida Statutes is defined as a short term marriage. However, there is a rebuttable presumption for permanent alimony awards in marriages that are long term (greater than 17 years). Moderate term marriages are defined as between 7 and 17 years and no presumption exists.

June 22, 2020

Litigation After Divorce. Do You Know Your Rights?

by Neil Weinreb

It is important to know your rights following a divorce. The final judgment of dissolution and the parenting plan determine the legal playing field for the future. However, most issues are dynamic. Children get older and their schools change and sometimes their relationship with parents change. Incomes change, which can directly impact child support and people sometimes desire to relocate where child custody can be an issue. There are a myriad of circumstances that should be re-evaluated following divorce.

In Florida, the standard used to file an action to modify a final judgment is that a substantial change in circumstances occurred that was not anticipated at the time of entry of the final judgment. It does not always make practical sense to file an action to modify a final judgment just because a party can do so. The relationship that a party has with a former spouse is important, especially where children are involved. Every time a party considers filing a supplemental petition (this is the instrument filed requesting modification of a final judgment), one should consider how such will impact their relationship with their former spouse and other legal consequences. I frequently have parties coming to me that wish to file for a modification. I typically find that they have only evaluated a part of the effect of seeking a modification. For this reason, it is imperative that one review the ramifications of an action for modification with an experienced family law attorney.

Although a divorce is designed to deal with all of the legal issues concerning dissolution, the reality is that there are sometimes issues that are left unresolved. On occasion there are assets that neither party put on their financial affidavits that require addressing post dissolution. One example of such an issue involved a divorce of a long time married couple in which neither party included the child’s prepaid college fund account on their financial affidavit. The fund was cashed out by the Father/Former Husband after the divorce without permission from the court or the Mother/Former Wife. Since the asset was not listed on either party’s financial affidavit, the judge considered the asset marital property and ordered the Former Husband to pay back one half of the funds post dissolution.

June 14, 2020

Is An Uncontested Divorce In Your Best Interest?

by Neil Weinreb

An uncontested divorce is a proceeding to return two married persons to the status of being single in which all of the details of the divorce are reached with an out of court agreement. As a practicing family law attorney for more than 15 years, it is my opinion that overly optimistic litigants frequently find that an uncontested divorce may be more difficult to achieve than first thought. Sometimes both spouses agree that a divorce is the correct thing to do in their circumstances. If a couple contemplating a divorce can agree on all of the important issues then an uncontested divorce will typically benefit the family. The critical issues that people spend the most effort fighting about are child custody, child support, spousal support, and property distribution.

Litigants sometimes find that dealing with the mechanics of settlement are challenging when they attempt to memorialize their intentions in writing. The process of getting to a consented to outcome involves some negotiation in most cases. A self-represented individual will benefit substantially by consulting with a qualified family law attorney prior to signing a marital settlement agreement or a consented to final judgment. This author believes that people are much more likely to honor orders created by negotiation, as opposed to orders emanating from a contested final hearing before a judge. A litigant that is being guided by qualified counsel is more likely to negotiate a favorable outcome over a Pro Se Litigant, since an understanding of the legal issues is necessary to negotiate knowledgeably.

Many of the issues that one has to deal with during a divorce are complex when dealing with custody and financial issues. Parties that are able to amicably settle their divorce in writing typically have fewer post judgment problems. Prior to negotiating a marital settlement agreement, it is important to consult with an experienced family law attorney to help draft the legal documents required to accurately reflect the agreement.