Whether you are looking to determine paternity, obtain a parenting plan or child support, or modify a prior court order having to litigate matters involving your child is never an easy thing.
Having an experienced attorney on your side is priceless.
Victor offers you more than just his legal knowledge, he offers you a comforting ear and a shoulder to lean on. Call Victor today and rest assured you and your child get the legal representation deserved.
Child support is an ongoing payment made by one parent to the other for the financial benefit of the child. In Florida child support is statutory which means the courts have little discretion on how it’s calculated. Factors that are considered in the calculation of child support are (1) the combined monthly net income of the parents and number of children involved in action, (2) the amount of overnight each parent has, and (3) each parent’s contribution to the child’s expenses.
Florida Statute Section 61.30 provides the child support guideline. It is in this statute we find the minimum child support obligation. To figure out how much child support is owed one must have an understanding of the rules and the applicable exceptions plus have the ability to do math in several phases. For the calculation of child support one must also understand the terminology.
- Retroactive Support: Florida law allows the court to award up to two years of back child support. The two years date back from the date the action was filed with the court. Retroactive support can be awarded for any months the parties did not live together.
- Arrears: is past due child support. Arrears should not be confused with retroactive child support. To have child support that is in arrears one must have a court order obligating him to pay child support and then miss payments. Having child support that is in arrears can lead to one’s occupational and driver license being suspended, passport being canceled, wages being garnished, and even incarceration.
- Credits: Are payments made by one party to the other which benefits the child. Credits will reduce the amount owed in retroactive support. Credits come in many forms including payments made to the child’s medical provider, medication purchased for the child, health insurance paid for the child, child care cost, clothing and meals purchased for the child, and monies giving to the other parent.
It is important to remember that any legal action that effects time sharing of a child effects child support. Retaining an attorney can be the difference in thousands of dollars. Ensure your children and your money are protected by giving Victor a call.
Florida has transitioned from a state that deals with custody of children to a parenting plan state. A parenting plan allows for the court to make decisions based on the best interest of the child. A parenting plan will establish time sharing for the parents and their parental responsibilities.
Deciding what’s in the best interest of a child normally comes down to each parent’s ability to communicate the same set of facts in their favor. When deciding if you should hire an attorney you should consider that an attorney, through their training, can usually do a better job at turning the same set of facts in their clients favor more so than a non-attorney. Victor has years of family law experience. Let him put his knowledge to work for you.
In Florida for a man to be determined the legal father paternity must be established. If paternity is not established the father of the child has no legal rights. Establishing paternity is done in two ways.
- Marriage: Paternity is automatically established when a child is born during a marriage. If a child is born out of wedlock but the parents subsequently marry paternity will be established upon the parents updating the birth records through the Florida Office of Vital Statistics.
- Petition for paternity: This is simply a court action. If an unmarried women gives birth she or any man who has reason to believe he is the father may bring forth a petition for paternity.
The establishment of paternity opens the door to a host of legal issues such as each parent’s legal rights and child support. Before going to court contact Victor and ensure your rights are protected.