In a previous post, I provided a list of items which would be considered gross income for child support or alimony purposes. Florida law does allow some deductions to that gross amount prior to calculating a child support obligation. These deductions include the following: Read more →
Paternity is essentially the legal recognition that a man is the father of a child. Establishment of paternity brings with it various rights and responsibilities, including (i) the right to establish a time-sharing (visitation) schedule for the father, (ii) the responsibility of the father to provide the child with financial support, and (iii) the right of the child to inherit from the father.
As stated in section 742.011 of the Florida Statutes, the following people may bring a paternity suit in Florida:
In a Florida family law case that involves a claim for alimony or child support, one of the most important preliminary considerations is how much income each party has. In child support cases, each party’s income gets plugged into a formula that tells us what the law presumes is the correct amount of child support. In alimony cases, the income of each party is important to help determine whether one spouse has the need for support and the other spouse has the ability to pay support.
You should keep in mind that the term “income” in family law cases is defined differently than how the term is used in the Federal Tax Code or in other situations. Section 61.046, Florida Statutes (2011), defines “income” for family law purposes as follows:
The following video from the Defense Management Travel Office describes Basic Allowance for Housing, or B.A.H.:
Servicemembers should know that Florida courts take B.A.H. into consideration when determining issues of child support and alimony. B.A.H. may even be taken into account for matters of spousal support unconnected with dissolution of marriage (such as when a military spouse is not being financially supported yet does not want to initiate a divorce).
If you have questions regarding military issues affecting your family and you wish to speak with a Florida family law attorney, you may schedule a consultation with The Law Firm of Adam B. Cordover, P.A., by calling us at (813) 443-0615 or filling out our contact form.
The following video from the Florida Association of Clerks of the Court discusses how parents and others can make child support payments online through http://www.myfloridaclerks.com:
I recommend utilizing the online portal as a way to keep track of your child support payments in case the other party claims that you have not been fulfilling your support obligation and initiates an enforcement action. It is also important to have evidence, such as a printout from myfloridaclerks.com, to show you are current on payments in case you are attempting to modify your child support obligation.
If you have questions regarding child support and are looking to retain a Florida Child Support Lawyer, you can schedule a consultation by calling The Law Firm of Adam B. Cordover, P.A., at (813) 443-0615 or by filling out our contact form.
In my continued quest to literally visualize statutes and rules related to Florida family law, I created the following word cloud of Florida Family Law Rule of Procedure 12.285 (Mandatory Disclosure) using Wordle:
Though this word cloud makes Mandatory Disclosure seem like it belongs in discussion held at a TexMex-themed cocktail party, the fact is that the exchange of certain financial information is crucial to move along most family law matters (including divorce, paternity, child support, alimony, support unconnected with divorce, and modification of financial issues). To that point, a court will not grant a final judgment in most cases unless financial affidavits have been exchanged and each party has filed and exchanged a certificate of compliance with mandatory disclosure.
What do you think of the mandatory disclosure word cloud? Feel free to leave a comment below.
Otherwise, if you would like to schedule a consultation with a Florida Family Law Lawyer, call The Law Firm of Adam B. Cordover, P.A. at (813) 443-0615 or fill out our contact form at http://www.familydiplomacy.com/contact-us.
Divorce Saloon offers an interesting top 10 of how a gentleman should act during divorce:
1. Don’t call your soon to be ex-wife and her (female) lawyer by choice names.
2. If you are a public figure, refuse to air dirty laundry and speak about your wife’s private parts (Roseann Barr’s ex Tom Arnold, for example, made some references to her privates that very much were ungentlemanly, to say the least).
3. Don’t respond to violence from your spouse or with violence to your spouse.
4. Gentlemen can curse, but don’t go Mel Gibson.
California family law attorney Lisa Helfend Meyer recently discussed particular issues that arise in divorce cases involving special needs children:
A parenting plan for the typical child may not be appropriate for an autistic child or one with other developmental issues. For example, it’s not unusual for the typical 3 year-old child to be able to have overnight stays with the non-custodial parent. She can understand the concept of time and that she will see her other parent again. The special-needs child often has difficulty with transitions, she is comforted by the familiar and doesn’t like changes in environment. Likewise, she may not be unable to express herself verbally nor to understand abstract concepts like time. Custody and visitation decisions for a special-needs child must take into account many issues like these.
The following video from Divorce TV discusses child support guidelines:
Keep in mind that each state’s child support guidelines are different. Florida’s child support guidelines are based on section 61.30, Florida Statutes.
If you have questions regarding child support and wish to set up a consultation with The Law Firm of Adam B. Cordover, P.A., call us at (813) 443-0615 or fill out our contact form.
The following excerpt from the Instructions for IRS Form 1040 provides information on whether a non-custodial parent (a parent with whom a child resides less than half of the year) qualifies for the Child Tax Credit (after the jump):
