If the parents cannot agree on a time-sharing schedule, then the court will order a time-sharing schedule based on the best interests of the children. An ex parte order is one that is made without notifying the other party or giving limited notice. The court will generally consider the motion and rule without a hearing. You should promote their relationship with the other parent and be flexible with time-sharing when appropriate. You should also have provisions for children in your home, including proper sleep accommodations, child-proofing, age-appropriate furnishings in their bedrooms, and age-appropriate toys and games.
You should not cancel your scheduled time-sharing absent extraordinary circumstances. In extreme cases, the judge can order supervised time-sharing or no time-sharing at all. In severe cases, the judge may refer the case to child protective services for intervention. You should consult with your attorney who is experienced in parenting plan trials with respect to evidence supporting your position and the best way to obtain and introduce that evidence in court.
The court may order a Guardian ad Litem to advocate on behalf of children in court and the court may order a social investigation and parenting plan recommendation to be conducted by a mental health professional. Generally, these tools are recommended when it is certain that the court will need to establish the parenting plan. Generally, children never appear or testify in court.
Alimony and Child Support In Florida
In fact, you must seek special permission by the court to allow a child to testify, and the court rarely grants permission. This act was established to deter interstate conflicts, deter interstate abductions, and encourage cooperation between states about interstate custody matters.
This question depends on whether there is a pending paternity or dissolution of marriage action. If the other parent objects, then there will be a court hearing. The court will order a name change upon a showing that it is in the best interests of the child. A parent who has majority time-sharing will generally receive child support. The choice of a lawyer is an important decision and should not be based solely upon advertisements.
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Biggest Child Support Myths in Florida - Ayo and Iken
Kimberly Lewellen licensed in CA only. Lauren Dabule, Florida Resident Partner. Tampa, FL. Call our office today at. Florida Child Custody Questions Florida family law attorneys provide answers to frequently asked questions about child custody in Florida. Who will get custody of our child? What is joint custody? What is sole custody?
Joint Legal Custody If both parents share custody does anyone pay child support?
Can a parent refuse to allow visitation if child support is not paid? Do grandparents have custody and visitation rights? What is a parenting plan, and do I need one?
Factors Involved In Calculating Child Support
But this limit is for garnishments from a paycheck. The absolute amount of monthly child support owed can exceed that amount. Once child support payments are established, the paying parent may be responsible for retroactive child support for the time between the separation and the date the child support order goes into effect. Due to the mathematical nature of child support payments, this retroactive amount will be determined in the same manner as the regular child support payments.
The Basics of Florida Child Custody Law
As the time-sharing of the paying parent increases more overnight visits , he or she will likely pay less child support. Most parents who pay child support operate under the assumption those payments will cease the day the child turns In truth, there are other factors which may come into play regarding when the parent can stop paying child support. In theory, court-ordered child support in Florida does end when a minor child turns That being said, if your child support order was entered before October , you may be obligated to take additional steps in order to terminate your child support obligations.
If you have multiple children, you will be required to file a request to terminate child support each time a child reaches the age of In some instances a child who is over the age of 18, but still in high school may continue to receive child support until graduation from high school. Children with disabilities may also require child support payments far longer than the age of A myth which many parents believe is that by remarrying, they automatically escape their current child support obligations.
Nothing could be further from the truth.
Calculating Child Support
The court is not concerned with future spouses, or even more children. It is concerned with the children who are already here, and who deserve to be financially supported by their parents. None of this has any bearing on the current level of child support unless the paying parent can show a significant change in circumstances, unrelated to a new marriage. If the child support amount has not been reviewed in three years, it could be time to ask for a modification. There are also a number of other reasons which may justify a modification of child support.
Some of these include more overnights, increases in income for the person receiving support or decreases in income for the person paying support through no fault of their own. If a parent who has been paying health care costs for the children is no longer paying those costs, a modification may be approved. A decrease in income must be related to in involuntary loss of a job or income, or due to a disability or illness.
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Should the needs of a child significantly increase or decrease, a child support modification could also be in order. Some child support agreements contain a cost of living adjustment COLA clause. This clause takes into account the annual cost of living increase, then automatically increases the amount of child support based on that number. The theory behind a cost of living increase clause in child support orders is that it would largely eliminate the modification requests which are based on the increase in everyday expenses.
The parent receiving child support does not have to pay taxes on the money, and the payments are not tax-deductible for the parent paying child support. In some instances the paying parent might ask the receiving parent to increase the amount of alimony and decrease the amount of child support in order to lower his or her tax obligations.
The receiving parent, however, could find his or her own tax obligations increased by agreeing to this. Some parents alternate the tax deduction from one year to the next. Whenever two parents are no longer together, chances are one parent will be ordered to pay child support to help meet the financial needs of raising the child.
The parent who has less time is the most likely to pay, though the amount is calculated based on other factors, including the income of both parties. While the amount that is set is deemed sufficient at the time, there may be situations where a modification of child support becomes necessary.
One of the most common reasons for a child support modification is a change in income. This can come in many forms. For instance, one parent may lose a job and be without income for a substantial amount of time. Or perhaps one parent received a large raise or even a pay cut at their current job. When major income changes occur, filing for a modification may become necessary. In some situations, the increasing expenses associated with raising a child can become grounds for a modification of child support. Expense decreases, such as no more daycare expenses, may also be considered.
Minor changes in circumstances are unlikely to play a role in the ability to modify a child support order. Florida has instated limitations to avoid wasting time in court for minute changes. Raising a child is not cheap, which is why it is important for child support to be put into place to ensure both parents take on some financial responsibility. However, when circumstances change, a modification of child support may become necessary. It is important to understand when you can pursue a modification to help you make the right choice. If you feel you meet the qualifications of a child support modification, contact us to get the process started.
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