Posted on : November 13, 2017
Although your divorce decree comes with a sense of finality for the relationship you had with that person, there are still issues that emerge related to orders handed down in the divorce. For this reason, you might find yourself working with your lawyer again for modifications to existing orders. In Florida, you cannot receive a…
Posted on : July 19, 2017
Both the payor of child support and the parent receiving child support want to know how long it will be paid. It’s good to understand when in the child’s life the child support payments will end. Unlike alimony, which usually stops after a certain period of time or when the receiving spouse remarries, child support…
Posted on : October 23, 2014
Each state has its set of guidelines for child support. Different calculations are involved to determine the amount for child support. It is important to determine how much a parent has to pay for child support. The guidelines of child support take into account different factors such as the total income of the parents, number…
Posted on : December 22, 2013
I’m often asked how social security benefits affect child support. Social Security benefits received by a parent for a child’s disability should be included in the parent’s income for the calculation of child support. More importantly and harder to explain, social security benefits “flow with the child,” meaning regardless of which parent is disabled, the…
Posted on : May 19, 2013
Most lawyers don’t charge flat fees for any family law case. Our Tampa child support office charges flat fees for many child support cases, including filing a motion to modify child support, filing motions for contempt and defending fathers against child support enforcement (which is represented by the Department of Revenue and the Attorney General’s…
Posted on : May 3, 2013
Income includes several items along with wages when determining the final income that is used to calculate child support. For example, disability income can be used. Disability income to one parent is calculated in the child support guidelines. Any disability received to a minor due to a parent’s disability should go to that minor, and…
Posted on : April 8, 2013
Many people aren’t aware that the Florida Alimony Reform Act effects child custody as well. A Provision of the Alimony Reform Act gives a presumption of an equal time-sharing schedule (often known as 50/50 custody) to children. Keep in mind that this is a rebuttable presumption and to rebut this presumption you need to have…
Posted on : February 5, 2013
Many clients and prospective clients have tax questions upon receiving their W-2. The most frequently asked question is which parent should claim the “qualified child,” which has a legal definition, for the income tax exemption or credit. For IRS purposes, the custodial parent is entitled to claim the qualified child for the tax exemption. The IRS…
Posted on : July 3, 2010
How is child support calculated? Child support is calculated based on a formula established by the Florida Legislature in Florida Statute Section 61.30 (called child support guidelines). The first factor that must be established is how many overnight visits each parent has with the child(ren) and how many children you have with the other…
Posted on : March 8, 2010
If a child is born out of wedlock, Florida considers the mother the natural, legal custodian of the child, even if the father signs the birth certificate. It’s important for Father’s to realize that they CANNOT stop an unwed mother from leaving the state unless the father has a custody order from the court. It’s…
Posted on : August 14, 2009
Debts that qualify as domestic support obligations are automatically excepted from discharge in bankruptcy cases (including Chapters 7, 11, 12 and 13). This includes alimony and child support as long as it’s paid pursuant to a court order. While other debts may be dischargeable in a bankruptcy case, alimony and child support are secure.
Posted on : July 28, 2009
I am often asked if child support is something that can be waived or agreed to between two parents. In Florida, child support is considered money for children and a parent doesn’t have the authority to waive child support. Child support in Florida is calculated by a formula (called the “Child Support Guidelines”) which takes into…
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