Articles Posted in Child Support

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“Why is divorce so expensive? Because it’s worth it. “- Unknown

As a Jacksonville divorce lawyer, I can tell you that the average person that is thinking of divorce worries about the cost of  divorce.  The ugly truth is that divorce can be expensive, but divorce does not have to cost a lot.  There are things that you can do to help keep the costs down during your divorce.

1.  Be Reasonable

movingkidsIn Florida, the biological fathers of children born out of wedlock have few, or no rights, regarding the children until the court establishes paternity.  Florida Statute 744.301 makes a child’s mother the natural guardian when a child is born to unmarried parents.  Mothers are deemed to have automatic custody when the child is born. This means a single mother has the parental responsibility to make important decisions regarding the child’s wellbeing and the child lives with the mother.  Generally, there are two methods for a biological father to gain parental rights. He can formally petition the court for these rights, or he may establish through an informal method with the mother’s consent.

Petitioning the court.

A father may take legal action to establish his parental rights. He can prove that he is the biological father and petition the court for parental rights. In Florida, a father can file a Petition to Establish Paternity to establish parental rights. The court may then issue a parenting plan, which will describe in detail how the mother and father will be responsible for the daily upbringing of the child, the time-sharing schedule, and methods of communication with the child.

After a court has established paternity through this method, the father has the same rights as he would if he were married to the child’s mother. The mother can also ask the court to order the father to pay child support. The amount of child support to be paid usually depends on the father’s income and guidelines established by state law.

What does it mean to be a putative father?

In Florida, the term “putative father” means an individual who is or may be the biological father of a child whose paternity has not been established and whose mother was unmarried when the child was conceived and born. In order to establish rights as a father, the putative father must file a notarized claim of paternity form with Florida’s Department of Health, which maintains the Florida Putative Father Registry. A claim of paternity may be filed at any time prior to the child’s birth, but a claim may not be filed after the date a petition is filed for termination of parental rights. Once a claim is filed with this department, the registrant expressly consents to submit to DNA testing upon the request of any party, the registrant, or the adoption entity with respect to the child referenced in the claim of paternity, according to Florida Statute 63.054.

A claim of paternity form does require the alleged father provide some information such as the name, address, date of birth and a physical description of the mother and the father. It also must provide the date, place, and location of conception of the child if known. Continue reading

Child custody and time sharing battles in Florida divorces are always stressful situations for the people involved.  Jacksonville divorce lawyers and custody lawyers zealously represent clients who each want something different when it comes to custody or time sharing.  The judge hearing the case has to decide what is in the children’s best interest.  This is the standard that is always applied.  What the parties want, including the children, is not the controlling factor.  When the husband and wife are both fit parents and can provide a stable environment for children, difficult decisions have to be made.   So what factors will the judge consider in determining child custody and time sharing battles in Florida divorces?

man-woman-heart-5-1056041-mFlorida Statutes 61.13(3) lists several factors that judges can consider, but gives judges discretion to consider any facts that the judge deems relevant.  Click the link above to view the complete list and the full body of the statute.  Florida’s state policy is that each parent is afforded the chance to build a strong relationship with children.  The first factor on the list of things the judge is to consider is, “The demonstrated capacity and disposition of each parent to facilitate and encourage a close and continuing parent-child relationship, to honor the time-sharing schedule, and to be reasonable when changes are required.”  In view of the State policy and the importance of having both parents actively in children’s lives to help produce healthy, emotionally balanced children, it is no coincidence that this factor is listed first.  Other factors include the future division of parental responsibility, the reasonable preference of the children, school and community records of children, moral fitness of parents, and more.

For help with child custody and time sharing issues, contact the Law Office of David M. Goldman, PLLC today at (904) 685-1200.  Initial consultations are free.  Our experienced Jacksonville divorce lawyers can help you understand your rights as a parent and coach you through a stressful divorce.  Our attorneys have years of litigation experience and are prepared to fight for you when needed, but are also skilled in assisting you with uncontested divorces or collaborative divorce.  Schedule a consultation today.

1. “I brought my ‘friend’ with me to the interview.”

You and I have an attorney client privilege. But once you bring in a third party, whether it’s a friend, a lover or whoever, the benefit of the attorney client privilege is gone. Unless that third party is named in the case or otherwise officially associated with the case, there is no attorney client privilege.. If a friend or a lover is in a meeting with attorney and the case goes sour, in the event of a trial or deposition, there is no privilege and all those secrets can spill out in a deposition or in court.

2. “I am so depressed over this.”

The last several days we looked at laws Jacksonville, Florida parents should know about. This is the last installment in this series.

18. I am not sure that I want my kids vaccinated against all of the diseases that my pediatrician recommends. I have heard about negative side effects. Do I have a choice? Section 381.003, Florida Statutes establishes programs for the prevention of preventable disease. The law requires that all children receive vaccines protecting against the spread of diphtheria, tetanus, polio, measles, mumps, rubella, and other diseases for child-care center or school attendance. There are religious exceptions.

A religious exemption for vaccination is a written form certifying that the parent’s objection to immunization for religious reasons exempts the parent and child from state vaccination requirements. .

Yesterday we looked at laws Jacksonville, Florida parents should know about. Here are a few more.

9. My kid is always bruised from playing. His teacher suspected we were abusing him and called the police and DCF on us. Why did she do that?
She was following Florida law, which requires any person who believes that a child is being abused, neglected or exploited to report the suspicions to the Department of Children and Families (DDCF). The law provides the person making the report with immunity, as long as she acted in good faith. If your son’s teacher hadn’t reported her suspicions, she could have been charged with a crime.

10. What does a child need to know before entering kindergarten?
Admission to a public kindergarten is not contingent upon what a child knows; if the child meets the age requirement, he or she is eligible for admission. The Florida Partnership for School Readiness has published “Performance Standards” for 3, 4, and 5 year olds. Those standards reflect what children should know and be able to do. You may access that information and other resources from the Partnership’s website. In addition, the Sunshine State Standards provide expectations for student achievement in Florida. These were written in seven subject areas, each divided into four separate grade clusters (PreK-2, 3-5, 6-8, and 9-12).
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An order to show cause is a type of court order that requires one or more parties in a court proceeding to come to court to justify, explain, or prove something to the court. Typically it means the Judge in a case needs more information before he or she decides to do something. For example, in a divorce, at the request of one parent a judge might issue an order directing the other parent to appear in court on a particular date and time to show cause why the first parent should not be given sole physical custody of the children.

Other examples of an order to show cause in a family law context would be when one parent has not been paying court ordered temporary child support while a case is pending. One party may petition the court to find the other party in contempt. The court may issue an order to show cause to find out if the allegation is true and ascertain why the party is not paying support. Perhaps the party is was in the hospital and was not able to work. The judge can then make an informed decision regarding the order and issue an appropriate sanction or no sanction at all.

If you are on the receiving end of a notice for an order to show cause, it is not something to set aside or ignore. You may wish to contact a family law attorney to assist you in protecting your rights. If you have such an order in hand, or have any questions regarding any other legal issue, give Law Office of David M. Goldman a call at 904-685-1200.

So what do you do when your Ex Spouse decides that since you are now out of state, he or she can ignore his or her child support order or obligations? An out of state child support order can be “domesticated” in Florida even if the obligation was created from another state. What domestication does is bring the out of state child support order into Florida’s Jurisdiction so the court system here can enforce it. Once the child support order is domesticated, the Florida court can determine how much is owed, how much interest is owed and potentially hold your ex-spouse in contempt of court for failure to meet their child support obligations. One prerequisite, the children must be living with you.

A contempt order can send the nonpayer to jail until they make arrangement to pay if it is shown that they have the ability to pay and are refusing to make child support payments. The judge is much more likely to order them to enter into a payment plan with a deduction order so the child support is taken out of their paycheck each payday.

If you have any questions about Domestication of an out of state child support order or any other family law issues, please give us a call at 904-685-1200 or fill out the contact us form on right hand side of this page.

In family law, there are several remedies at the court’s discretion that comprise the toolbox of Family Law. One of these tools is the Child Support Lien.

A “lien” is a recorded claim against property such as real estate. This property can be seized or sold to satisfy and discharge the lien. This process, in the child support context, is just like a foreclosure.

If a parent of your children owes back child support and has no income, the family law court may decide to investigate any real property he owns. The Court would then place a lien on that property which would be recorded in the Office of the Clerk of Court in the county where the property is located. The child support lien, once it has been recorded, is just like a mortgage on a house. In a traditional foreclosure, if a homeowner falls behind on house payments, the bank can, after meeting certain procedural requirements, foreclose on the house. By filing a child support lien, the parent filing the lien is in effect stepping into shoes just like the bank. You can foreclose after meeting procedural requirements.

Thumbnail image for money.jpgA recent study showed that a total of $35 billion in child support is owed all across the US, but only 41% is actually paid. This is down from about 60% in 2009, largely due to the economic downturn over the past several years.

One thing many parents behind on child support don’t realize is that the court can, and will, alter your child support requirements if you legitimately cannot pay them. If you had a well-paying job when the court first established the numbers, it is not fair that you have to pay that same amount if you lost your job and cannot find another one.

The key is speaking with a Jacksonville Florida Family Law Attorney as soon as you can to help negotiate your payments. The court often will only lower your payments, but not reduce any outstanding amount you already owe. If your income drop is only temporary, this might not be an issue; however, if you cannot find new work, you are simply adding more and more money to what you will eventually have to pay.

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