Often times parents, typically those unrepresented in custody proceedings, will agree on a timesharing schedule with a belief that they can come back later to change it when time or budget permits. However, modifying a Final Judgment of Dissolution of Marriage or Paternity can be more difficult than you think.
To modify an existing custody order, a parent would have to prove that there has been an unanticipated change in circumstances, and that modifying the existing order would be in the best interest of the minor children. If the parent can overcome the burden of proving that a change in circumstances exists, the judge will then reconsider the factors set forth in Florida Statutes to determine timesharing with the minor children moving forward. Those… Continue reading
Making sure your kids’ financial future is stable is one of your greatest concerns when divorcing. Florida statutes provide guidelines for determining an amount of child support, and the calculation is complex. When one of the parents is an active duty military member, that calculation can become even more complex.
The child support guidelines take into account things such as the income of each parent, the needs of the child, whether there are any special emotional or medical needs, and any child care expenses. You can ask the Court to deviate from the guidelines, but must present evidence in support of the deviation. When there is a parent on active military duty, the Court should consider:
● Any amount paid to the service member for a housing allowance.
● Any amount of BAS (basic amount for subsistence).
● Per diem payments.
Unfortunately just because a Court orders child support be paid, that does not mean the party responsible for making payment does as ordered. Nonpayment of child support is a serious issue and can lead to a substantial amount of arrears being owed. Arrears are the amount of child support payments that are past due, and if you are owed child support you might seek to have it paid on a retroactive basis. What this means is that your ex has to pay all the back due amount, and keep current on today’s payments.
The child support guidelines requirement payment of all child support, past and present. To get payment retroactively, which means payment for what was due in the past but has not been paid; you must file a contempt of court matter with the Court. A contempt matter sets forth:
● A valid… Continue reading
Making sure your children are provided for financially is an important aspect of divorce law. Child support is for the benefit of your kids and is designed to make sure your children’s’ lives are as uninterrupted as possible during and after divorce. So what happens when your ex remarries? A common question that arises is whether child support is still due when there is a remarriage by the custodial parent.
The rule of law is that child support remains due, as ordered, for as long as the order is in place. To make a change in child support, the party asking for the change has to go back to Court and seek a modification of the child support order. Remarriage may be a factor the Court takes into consideration when a modification is requested, but the financial support of kids remains the responsibility… Continue reading
When a couple divorces with children, the continued welfare and care of the kids is the single most important factor. We work hard to put the best interests of your children first when helping you through your divorce and no other issue can cause a headache more than your ex-spouse not meeting their child support obligations.
Florida law requires all orders of child support to be paid. When support is not paid as ordered, the parent due the payment has many options to for child support enforcement:
● Wage deductions.
● Suspension of hunting and driving licenses.
● Contempt of Court proceedings.
● Placing a lien on the payor’s property.
● Denial of passport.
Employing one or more of these techniques should get results. No one likes having their wages garnished, or their right to drive revoked. It is unfortunate… Continue reading
Every night around eleven oâ€™ clock I wake up, having fallen asleep on the couch in front of the television, and start to go through my nightly routine. I take the dog out one more time before making sure all of the doors are locked and the alarm is set. Generally, when I go through this routine Iâ€™m half asleep which means that sometimes (read-pretty much every night) I forget to turn off the fan in the living room.
Invariably, this leads my Wife to tell me that I need a lesson in consideration . . . if only she knew. In fact, I have taken an entire course on consideration and, as the case below illustrates, itâ€™s not always all that itâ€™s cracked up to be.
Consideration, in the legal sense, is an essential element of a contract in which both parties give something… Continue reading