Everyone knows that a Florida court can order a parent to pay child support up until the child is 18 years, or even beyond. But can a court order a parent to pay retroactive child support (child support that covers a period of time prior to the filing of a court action)?
In the following dramatization from Aspen Publishing, child support guidelines are reviewed:
You should note that Florida utilizes the “Income Shares” approach (the second guidelines approach discussed) to determine a child support amount. However, in addition to including the pro rata share of income from each parent, the Florida child support guidelines also factors in deductions–such as daycare and healthcare expenses–as well as the amount of time children spend with each parent.
The following video from Aspen Publishing dramatizes a consultation where a young man is seeking information regarding paternity:
Please note that, in Florida, if the state files a petition to establish paternity and child support on behalf of a mother, the issue of a father’s custody rights will not necessarily be addressed. A father has to independently file a petition or counter-petition to establish paternity and a parenting plan. Only then will a court enter an order which (i) lays out the father’s level of parental responsibility towards the child and (ii) creates a schedule which spells out the days when a father is entitled to spend time with the child.
To contact a Florida family law attorney regarding your paternity issue, visit the website of The Law Firm of Adam B. Cordover, P.A., or call us at (813) 443-0615.
Author Kristen Houghton brings up some interesting points in her article, Happiness May Be A Prenuptial Agreement (from the Huffington Post):
[A] pre-nup isn’t just for royals or the wealthy, anyway. Though much more common in the case of a second marriage (especially if children from a previous one are involved), a prenuptial agreement is not such a bad idea for a “first” marriage either. And you don’t have to be Donald Trump to request a pre-nup. Many young couples are either toying with the idea or have actually seriously talked about it.
The classic pre-nup is a legal contract which operates by ensuring that if a couple divorces, any possessions each had before marrying would remain their own and not be divided as part of the marital pool. You can make a pre-nup very individual, but traditionally, both sides are entitled to 50 percent of any income earned during the marriage period. If one of the partners earned little or nothing throughout the marriage, they’d be allowed to be given a percentage of their partner’s earnings and possibly part of a future pension.
I previous wrote about filing fees in Hillsborough County and Pinellas County. In this post I review current filing fees in the Sixth Judicial Circuit, Pasco County, for common family law matters. A person who initiates a family law case (the “Petitioner”) will pay the following:
I previous wrote about filing fees in Hillsborough County. In this post I review current filing fees in the Sixth Judicial Circuit, Pinellas County, for common family law matters. A person who initiates a family law case (the “Petitioner”) will pay the following:
For most types of family law actions, a party needs to pay a fee to the clerk of the court when he or she files a petition. Current filing fees for the Thirteenth Judicial Circuit (Hillsborough County) for common family law matters are as follows:
If you are in a family law matter involving a servicemember, you will encounter some unique issues to which you must pay special attention.
Generally, one party to a divorce must have been a resident of Florida for at least six months prior to filing. However, there is an exception for servicemembers. A servicemember (or his or her spouse) who is not currently in Florida may petition for divorce in Florida if he or she (i) was a Florida resident prior to entering the military and (ii) never established a permanent residence elsewhere. Even if the military member had not lived in Florida prior to entering the service, he or she may still be able to file for divorce in Florida if he or she is deployed but has an intent to remain a permanent Florida resident. Such intent may be evidenced by the following: (i) Florida voter registration; (ii) ownership of a Florida home; or (iii) registration of a vehicle in Florida.
Many of the military issues in a divorce stem from the Servicemembers Civil Relief Act (the “SCRA”). The SCRA was signed into law in 2003 and updated and replaced the Soldiers and Sailors’ Civil Relief Act of 1940. Most provisions of the SCRA apply to the following people on active duty: (i) members of the Army, Navy, Air Force, Marine Corps, and Coast Guards; (ii) members of the National Guard; and (iii) commissioned officers of the Public Health Service and National Oceanic and Atmospheric Administration.
It’s human nature to want to avoid unpleasant experiences. That’s why there are so many cavities and income tax extension requests. However, one thing that people should not avoid is paying court-ordered child support.
Not everyone follows this advice. According to the Trumball Patch, one man faces two years in prison and a $250,000.00 fine, on top of the $175,000.00 he owes in back child support. Apparently, his aversion to paying child support persisted since 1993.
If you have been ordered to pay child support, and there has been a substantial change in circumstances that has affected your ability to pay, in Florida you may have the option of seeking a modification of your child support order.
Barbara Atwood of the University of Arizona discusses how family law has changed in this video from Divorce TV:
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