What To Expect When You Are Filing For A Divorce In Orlando When Minor Children Are Involved

Divorce is a life-altering experience that is filled with complications for all parties involved. These complications are increased when children are involved.

Couples divorcing in Flordia will need both a Marital Settlementment Agreement and a Parenting Plan. Once agreed upon, these documents will be attached to the divorce settlement and become the roadmap for how parental responsibilities and shared custody issues will be handled.

When parties are unable to come to a mutual agreement on these issued, a judge will appropriate the assets and responsibilities. Individuals in the Orlando, Florida area should seed the services of an Orlando divorce attorney with these matters.

The following considerations are important to individuals in Florida taking part in divorce proceedings.

Marital Settlement Agreement

The marital settlement agreement provides a specific list of divorce terms and provides structure for the post-divorce relationship of the divorced parties. The agreement will include agreements on issues like child support, the division of assets and debt, whether or not alimony is to be paid by either spouse, and other important matters. Once signed, no modifications will be made to the agreement. For this reason, it is important that both parties fully understand their rights and reach an agreement with which they can both live.

Equitable Distribution of Assets

Florida statutes mandate all assets, properties, and debts of divorced individuals are to be divided fairly but not necessarily equally. The governing statute is Section 61.075. Contributing factors to the fair and equitable division of property are the assets owned by each spouse before entering the marriage, the debt of each party before becoming married, assets gained during the marriage, and current assets and debts possessed by the couple.

Florida courts give the opportunity to the divorcing couple to decide for themselves how assets and debts will be divided. However, if they do not agree on the issue the court will make the final decisions. Again, an Orlando divorce attorney would be helpful with these matters.

Alimoney

Also known as spousal support, alimony is paid by one spouse to another when it is determined that responsibility for the spouse that is the payee still exists after the couple is divorced or separated. There are many factors to be considered in regards to the payment of alimony but chief among these concerns is the need of the spouse to receive the payments and the ability of the paying spouse to deliver payment.

Other important considerations regarding alimony are the length of the marriage, the standard of living while married, and the financial resources possessed by each party.

Child Support

Florida Statute 61.29 establishes policy for child support in the state. The principal guidelines are:

  • Both parents are obligated to provide care for dependent children.
  • The court will consider the net income for both parents that would have expected to go to the care of children if all parties resided in the same home.
  • Child support issues are to be handled as quickly and efficiently as possible with as little litigation as possible

The amound of support to be paid for the child is calculated by a formula set out in Florida Statute 61.30. The formula takes into acount the income of both parents, the number of nights the child stays in the home of a parent, health insurance for the child, and other pertinent matters.

Parenting Plan

This plan is required in all divorces that include the shared custody of a child. The plan must include detailed provisions for:

  • The contribution each spouse will make to the daily upbringing of the child
  • A time-schedule outlining when each parent will spend time with the child.
  • An agreement on which parent will be responsible for each important matter in the life of a child. For example, health care, education, and extracurricular activities.
  • The means of communication parents will use to stay in contact with the child.

The history between the parents and any relationship issues must also be taken into account when devising the parenting plan.

How Child Support Gets Determined In Florida

When a couple goes through a divorce in Orlando, the court requires the non-custodial parent to pay child support. Florida has specific statutory guidelines to calculate the amount of support that has to be paid. Shared custody or joint custody are issues that can be a determining factor in how much support a parent will be ordered to pay.

In the state of Florida, like all states, child support is a requirement due to it being the right of the child rather than the parents. Sadly, a number of parents who are forced to pay support feel slighted or that the custodial parent is out to get them. This is not the case. Minor children need and are entitled to support. Child support is used to cover a child’s basic needs including food, shelter, healthcare, education, and more.

If you live in the city of Orlando, you will need to find an experienced Orlando divorce attorney to help answer all of your questions and supply you with the information you need. Not all support issues are cut and dry. You can receive counseling regarding child custody and how joint custody can affect your support case.

The Income Sharing Model

The income sharing model is used in Florida to determine the amount of support spent on the children had the couple had not divorced. The number amount is divided between the two parents based on income. However, the courts have wide discretion when setting the amount. This model is more of a guideline, and it is not etched in stone. Other factors such as joint custody will also determine the amount of support that will be paid.

Financial Affidavits

Florida requires both parties to give a listing of their financial earnings and holdings. Earning calculations are based upon the following:

  • Salary or wages
  • Disability income
  • Business income
  • Unemployment
  • Pension and retirement
  • Rental income
  • Royalties and trusts

In Florida, there is a basic child support calculator that determines the maximum amount of support to be paid. There is an income cap at 50%. Child custody issues can also play a role, in this calculation.

  • 1 child – 20% of income
  • 2 children – 28% of income
  • 3 children – 32% of income
  • 4 children – 40% of income
  • 5 children – 45% of income
  • 6 children – 50% of income

Child Custody Issues And Support

Issues of support can be very tricky when dealing with an Orlando divorce. In cases of joint custody, the amount of support can be changed. However, if shared custody is agreed upon and both parties have similar finances, no support will be required by either party. In fact, when both parties have similar finances, you can often determine who is going to handle healthcare for the child and who pays for educational needs.

A seasoned Orlando divorce attorney can give you all the information you need regarding child custody and support. In all divorce cases involving minor children, a parenting plan is required, so that both parents can be in agreement regarding the needs of the children.

How Long Is Support Paid?

Support is paid until the child turns 18. But can be extended to when the child turns 19 if they are still in high school or later if the child has certain disabilities that would require long-term support. Additionally, if you are in arrears, you will be responsible for that amount regardless of the age of the child/ren.

If you need more information, you should hire an attorney with experience with Orlando divorces. One of our attorneys will help you understand how joint custody and child custody can play a role in support. They will also give you guidance on a parenting plan, and how that will help if custody is shared.

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Modifying A Parenting Plan, What Do You Need To Do

When divorce happens in a family with children, it is essential to promptly handle the matter of legal custody. In most cases, a family law attorney needs to be involved in this process. The divorced couple is then tasked with modifying the parenting plan.

Disagreement Between The Ex-Spouses/Parents

Oftentimes, one ex-spouse is fighting the other for sole custody. However, a judge may decide that shared custody is better for the child or children involved. They will approve or disapprove the proposed parenting plan presented to them. If ex-spouses later become interested in a modifying parenting plan, they must adhere to the judge’s decision.

How To Modify A Parenting Plan

There are several steps that need to be taken in modifying a parenting plan. General steps that everyone must follow are filing paperwork for the modifying parenting plan and explaining and documenting any relevant changes. Once the proper paperwork has been submitted, the modification hearing can begin.

Modification Hearing

Altering a custody arrangement involves participating in a hearing. During this hearing, parents must prove to the judge that their life has changed somehow or their child’s has.

The larger the lifestyle changes are, the more involved the modification becomes. A custody arrangement can only be altered due to life changes if certain factors are relevant. This includes the safety of the child’s home environment, a new family situation and a new work schedule for either or both parents.

Documentation must be shown by a family law attorney to a judge in order to change a custody arrangement. For example, some parents will present a custody journal. This would be a written record of any problems arising with the current custody arrangement. One parent can have the arrangement changed if they can prove the other one is unfit. Having a family law attorney is important when this needs to be proved in court.

It is important for both parents to remember that the modifying parenting plan must reflect what is best for the child or children in question. Sometimes this means child support is increased if one parent is struggling to support the child financially.

Ex-Spouses/Parents Working Together

Ex-spouses that can reach a compromise peacefully can draft a parenting plan on their own. As long as the plan is filed in a court of law, it is generally approved by the judge. Those that can compromise often agree to shared custody.

For parents that want to compromise but are struggling to do so, a family counselor can provide assistance. He or she will help create a parenting plan that both parties are comfortable with, avoiding modifying parenting plan.

Conclusion

No matter what the circumstances are, the outcome of a parenting plan should always be positive. An effective family law attorney will fight for child support along with anything else essential to the agreement. Child support can be changed by a judge, making a family law attorney necessary. All involved parties working to reach a common goal will have to put the child’s needs first.

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9 Rules You Need To Make Joint Custody Work

Child custody and child support issues are often singularly looked at as a legal issue. While the legalities are important and an Orlando divorce attorney will play a major role in the divorce’s terms, there are also some things parents should be doing on their own to make child custody work for both parents and children. From sharing holiday time, drop-offs and pickups, and coordinating schedules, it can be a lot for parents in a shared custody arrangement, especially when the two likely didn’t have much to agree on and common ground when married.

Experts Say Cooperation Is Key To Joint Custody Arrangements 

Author of “Putting Children First: Proven Parenting Strategies to Help Children Thrive Through Divorce” JoAnne Pedro-Carroll says that studies have shown mutual cooperation, agreement on terms, respect, and proper emotional management are key factors to custody arrangements working out well. Ensuring these qualities are present makes it easier for children and parents alike to adjust to the family unit changes associated with Orlando divorce. How can parents help make sure these factors are present in joint custody? Check out these nine rules.

Nine Rules To Make Joint Custody Work

1. If There’s Nothing Nice To Say, Then Keep Your Mouth Closed

Divorce and child support arrangements can be bitter and full of resentment, but don’t speak poorly about the ex in front of nor to the children. Children are made up of both parents, and hearing negatives can be internalized by the child and transferred into parent-child relationships in ways that have everything to do with the ex as a spouse and nothing to do with them as a human being or parent. Plus, the child, as part of that ex, may feel like the degrading remarks extend to them as well. Remember, while parents may not love each other any longer, the resulting children will always love both. Justified or not, keep negative remarks away from children’s impressionable minds.

2. It’s 100% About The Children

While the Orlando divorce was about two spouses calling it quits, the child support and child custody aspects are all about the children. MensFamilyLaw.com attorney and author of “ A Man’s Guide To Child Custody” David Pisarra points out that divorce can cause a tunnel vision on personal hurts and wrongs that often blinds divorcing parents to the greater good of the children in joint custody. Time with a child is a gift, not a prize, and that gift isn’t in the form of a parent getting equality or exactly what they want. Shared custody is setting egos and wants aside to value what’s best for the child above all else.

3. Be Realistic

Whether it’s insecurity, retribution, or greediness, many parents make unrealistic custody grabs that their schedules and commitments can’t possibly accommodate. Los Angeles divorce attorney and author of “It Doesn’t Have to Be That Way” Laura Wasser suggests to take emotions out of the custody equation and look at the scheduling and commitment facts alone, much as a business transaction would transpire.

4. Factor The Child’s Needs In Making The Custody Arrangement

Consider the following:

• Child’s school, extracurricular, health, and other scheduling needs.
• Child’s age and personality.
• Child care arrangements.
• Travel distance between homes and daily child-related obligations.

When it comes to age, infants are generally primarily with the mother. Toddlers and up usually have an alternating custody plan. Most mental health practitioners recommend the frequent transitions of a 2-2-3 plan for younger children and a more flexible 2-2-5 arrangement or alternate week plan for older children. Here’s how those usually work:

• 2-2-3 plan

On week one, one parent will get the child Monday, Tuesday, Friday, Saturday, Sunday and the other on Wednesday and Thursday. On week two, the schedule flips for the parents. It continues to alternate this way so that the child isn’t without either parent for any extended period of time.

• 2-2-5 plan

One parent get the child Monday and Tuesday and the other on Wednesday and Thursday. Friday through Sunday is alternated between the parents. This is the preferred schedule for older kids that have their own unique schedules and obligations.

• Alternate week plan

Alternates with one week with one parent and the next week with the other parent.

5. Keep The Bad Spouse Element Out Of The Equation

While the Orlando divorce attorney likely asked a plethora of questions about the ex as a spouse during the divorce, this is no longer about the ex’s spousal qualities. The focus is now on parental qualities. Being a poor spouse doesn’t equate to being a poor parent. Study after study has shown that children universally benefit from having both role models in their lives. The marriage might’ve failed, but that doesn’t mean co-parenting has to fail. Just be sure to keep emotional and personal baggage out of co-parenting.

6. Find A Way To Communicate

Communication is key to co-parenting. OurFamilyWizzard.com offers all sorts of calendars, common doc storage, message boards, and expense logs so that both parents can remain on the same page. If face-to-face communication can’t be amicable, then use the technology available to communicate agreeably, effectively, and efficiently. Miscommunications and freezes ultimately only hurt the child.

7. Balance Battles And Challenges

Of course, there will be parenting facets that aren’t always going to be a united front. Some facets will require one parenting challenging the other’s methods, but, in most cases, such conflicting parenting styles can be resolved with open, rational, and direct communication. If an agreement can’t be reached, each parent needs to ask themselves if the battle is really worth having a judge decide the outcome. Pick battles wisely and avoid trying to micromanage each other as joint custody is being tackled.

8. Give The Child A Voice

The child didn’t have a say when the Orlando divorce attorney was called. However, the child should have a heard voice when it comes to child custody. For younger children, this voice might be as simple as which PJs or toys they’ll bring back and forth. For older children, this can mean giving them a say in the custody schedule so that their life is left as undisrupted as possible by divorce. Be open and willing to listen to the child’s frustrations and confusion over custody arrangements. Also be willing to sacrifice to give the child a better sense of control over their own place in the world.

9. Review And Be Open To Adjust The Arrangement

Set up periodic review points, which are usually based on children getting older and changing schedules. Parents often find their own lives changing after divorce. Remarrying, job advancement, moves, and so forth may mean that previous agreements aren’t favorable for the child. Again, this is where communication and honesty become crucial parts of the commitment to effectively co-parent after an Orlando divorce.
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Who Exactly Are Eligible To Be A Child’s Guardian And How The Process Work
Who exactly is a child’s guardian?

A guardian of a child is someone who has the legal rights and responsibilities over that child. While parents are automatically provided with these rights, there are certain instances where parents are unable to take care of a child. In these situations, the guardian would need to take charge. Through a court order for guardianship, the judge would provide the designated guardian with the authority to make medical, educational, legal, and other relevant decisions for the child.

Here, the question may arise; how would I be able to establish a guardianship?
An agreement between a child’s parents and an individual stating he/she is the established guardian isn’t enough to declare guardianship. Proper guardianship should be established through an official court order by a judge.

To begin the process, the individual can start by filing a petition to establish the guardianship. If the parents of the child and the potential guardian have already been discussed the matter, the process would be relatively easy. In most cases, the judge will simply schedule a hearing at courts to acquire the consent of the parents. Once the consent has been approved, the judge will then evaluate if the proposed individual is well suited for the child’s best interests.

The judge would thoroughly analyze what is in the best interest of the child. That way even if all the individuals have consented, but the decision would harm the child, the judge can deny guardianship. An example would be the judge denying a guardianship proposed by an individual who has a criminal history, domestic violence records, or would be unable to meet the basic needs of the child. If an individual is overall unfit to be the child’s guardian the judge may even appoint a different guardian altogether.

If you’re trying to establish guardianship in cases where the rights of the parents’ have been terminated, the process might be different from ordinary guardianship establishment. In these cases, parental consent would not be required. However, the judge would have to evaluate the circumstances and would have to determine if the child’s best interests would be served through this designation of guardianship. Additionally, the judge may require the guardianship applicant to undergo a background check and a home visit from a social worker to acquire additional information.

Who is allowed to acquire guardianship?

In most states, the rules to acquire guardianship are quite broad. Typically, for an individual to be eligible for guardianship, he/she must be over the age of 18 and should have little to no criminal history. The best interest of the child would be able to determine the guardian proceeding outcome. A few other factors that are taken into consideration by the judge are:

• The guardian’s mental and physical health.
• The age and health of the child.
• The ability of the proposed guardian to look after the child.
• The relationship of the child with the proposed.
• Any other factors that seemed relevant.

If you’re looking for an Orlando child custody attorney to help you secure guardianship, the Erin Morse Family Law Firm is the place for you. We guarantee highly competent attorneys and the best service in town for all our clients to ensure that their cases go in the right direction. If that’s what you’re looking for, contact us now, for a consultation!

The Effects of Divorce on the Children.

Running two separate homes is far more difficult than running one. This typically means that there is overall less money to go around after a divorce happens. After a divorce, the courts normally order spousal support to help the more financially unable spouse retain a similar standard of living as compared to the lifestyle experienced during the marriage. However, there are certain instances where a spouse may have lost a high-paying job. In these cases, you and your soon-to-be ex-spouse may have to experience a completely different lifestyle after the marriage.

Typically, as part of the divorce case, the judge may require both spouses to file financial declarations which support the different sources of income and other expenses. The judge would then base the alimony payments and child support payments based on the financial situation of both parents. The divorce process may sometimes make things a little more difficult to handle in the start. However, you and your children may come to adjust over time.

Both parents normally have an ongoing duty to support their children in every possible way. During and after the divorce process, the support order issued by the courts may include who is responsible for covering a child’s extra-curricular activities. If the order doesn’t include it, the child’s additional expenses may depend on the laws of the state.

In certain instances, if finances get really tight, the child may have to give up certain extra-curricular activities such as ballet lessons. While this may be difficult to understand from the child’s perspective, the child would grow to understand the situation over time. Finances can become a significant problem after a divorce, for that reason it is essential to have a competent child support attorney Orlando FL available by your side to make sure finances are in order. If a properly discussed financial situation is in order, both parents can divide the extra-curricular expenses among each other. That way the child can experience a financially stable life while maintaining his/her routine activities.

If a parent loses his/her job it may affect child support payments. If this happens, the child would be affected financially. Child support is intended to cover the basic costs of a child. That means clothes, food, and otherwise basic care. If you’re on the custodial side of the divorce, without the child support payments, it may be difficult to make ends meet if the child support payments decrease over time.

In certain situations, the court can impute income. This is if the parent making the child support payments loses his/her job or has taken on a lower paying job. When a judge imputes income, the court begins to base the child support payments on what the parent should be earing than what he or she earns in reality. This can also help limit the financial impact that the divorce may have on the children.

Paying child support can be tough, but not receiving enough child support payments can be even harder. Whatever the case, you shouldn’t have to go through it alone. That’s what we at The Law Office of Erin Morse are here for. We are one of the best Family Law Firms in the city of Orlando. We guarantee all our clients that they will be provided with the best legal services through a group of skilled and experienced attorneys from the start through the end of their cases. If that’s what you’re looking for, contact our firm now, for a consultation!

Child Support Orders.

When two spouses in a marriage go through a separation or get a divorce, one of the most significant factors to consider is the child’s well-being. The parents should make it a point to discuss which parent would be required to pay child support to the other.

Typically, when one of the parents of the child earns significantly more than the other parent, a child support payment would be required to help the parent who earns lower and who becomes the custodial parent of the child. These payments are generally made to ensure that the parents are both able to cover the costs of food, shelter, clothing, and other living expenses of the child.

In many states, there are multiple factors to be considered for child support payments. However, the exact amount of the child support payment is typically calculated through the income of both parents. Additionally, the amount of time each parent spends with the child is also a primary factor to be considered for child support payments.

Every state in the US has a specific formula in Family Law which is used for the calculation of child support payments. This formula is known as child support guidelines.

Many states have software that runs the child support payment calculation based on both parents financial data. A few of the factors considered for the software when calculating child support payments include:

• Percentage of time spent by the parent with the child.
• The income of both parents. This includes:
– Self-employment income.
– Unemployment compensation.
– Salaries.
– Wages.
– Taxable income.

• It also calculates the monthly deductions. This includes payments for:
– Health care premiums.
– Property taxes.
– Mortgage interests.
– Union dues.
– Retirement contributions.

For this software, once all the required information has been entered, it then determines how much child support is owed to the child. If there is more than one child involved, it calculates how much child support is required for each child.

Normally, when it comes to the payment procedure for each payment, the parent who has to pay the child support is required to follow a child support order. These payments then have to be made until the child turns 18 or finishes high school. In some states, these payments may last a few years longer or until the child becomes emancipated.

Payments should continue unless a judge issues a new child support order. In this case, the parents are required to submit new evidence that supports their requests for a change in the child support order. These requests should include evidence such as updated financial information, expenses, assets, and debts. Once the judge has considered these factors, the judge will then determine if the ability of the parent to pay child support should be changed.

If you have any concerns regarding child support, it is essential to contact a child support attorney Orlando to help you through the process.

If you’re looking for skilled, professional, and experienced attorneys to help you with your case, The Law Office of Erin Morse is here to help! We guarantee client cases will go in favor of the client while ensuring satisfaction with our services!

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What You Need To Know About The Termination Of Child Support.

When parents of a child are married, the law would automatically assume that both parents gain parental rights. When a child’s parents aren’t married, however, the court would typically make it a point to order the non-custodial parent to make child support payments. These payments are directed to the custodial parent to assure the child has a proper lifestyle. These child support payments are made to ensure the child’s basic needs are covered such as food, shelter, and clothing.

If you’re making or receiving child support payments, you may sometimes wonder about the ending period of the payments. Typically, that depends on the laws of each state and the situation of the child. However, there are still certain guidelines that are offered to provide a basic idea of when the child support payments end.

Typically, child support orders are issued from the age of when the payment is established to the majority age of that child, which is 18 in most states. However, nearly all jurisdictions allow for child support payments to be made until the child has finished school. This applies as long as the child has graduated by the age of 19 or 20. It may vary according to the state you’re residing in.

What is emancipation?

In emancipation, the child is considered self-sufficient. This means that in this case that child is recognized and treated as an adult by law. In emancipation, the parents are no longer required to financially support the child.

Emancipation is a procedure that typically occurs by the age of eighteen. However, it could be later or earlier depending on the circumstances. In some cases, a child can file a petition for legal emancipation before the age of eighteen. This is generally done by child actors, entertainers, or when a child tries to escape an abusive home. In other times, if a child is suffering from a mental or physical disability, the court will find that the child cannot be self-sufficient by the age of eighteen. In this case, the parents are required to provide financial and medical support well above the age of eighteen.

Child support payments get terminated once the child is emancipated. This is done either by age or court order. When this happens, the parent who is non-custodial doesn’t have to pay child support to the custodial parent. Additionally, the custodial parent is also no longer required to support the child financially.

If you’re going through the process of child custody and child support and don’t know how it works, or where to start, the first thing to do is hire an attorney. An Orlando child custody attorney or child support attorney could help you determine the nature of your situation. Hiring a lawyer for your situation is essential to ensure that the entire process goes smoothly.

If you’re looking for the best Family Lawyer in Orlando, The Law Office of Erin Morse is here to help. We provide experienced, skilled, and professional attorneys to ensure that client cases go in the right path. Contact the Erin Morse Firm for your family law needs!

Looking For A Child Support Lawyer In Orlando Florida?

At any point a Family in the state of Florida involves a child under the age of eighteen in a divorce case, the issue of child support should be addressed. The law in the state of Florida believes that all children have the right to be supported financially by both parents.

With the help of a professional and experienced Orlando child support attorney, you can gain knowledge about child support guidelines and reduce your confusion in the matter. Additionally, there may also be financial affidavits, income withholding orders, and other factors to consider. With a competent lawyer, you can get an idea of the outcome of the case.

Child support in the state of Florida is significantly based on:

• The net income of both parents of the child/children.
• The amount paid for the health insurance and daycare of the child.
• The total number of overnight visitations that each parent would have.

Fortunately for parents, there are many opportunities for an experienced child support lawyer to be of use. These lawyers could help you get you and your family the best result through the order for child support of your child/children.

The general items that would be included in a child support case would be:

• A financial affidavit.
• Child support calculation worksheet.
• Compliance of both parents with mandatory disclosure of finances.

What about child modification procedures?

There are multiple reasons for modifying child support orders. To be able to calculate child support, the other needs of the child are also addressed. This includes 100% of the childcare costs and 100% of the health insurance costs for the benefit of the child who is a minor. In addition, there are credits given to the parent who directly pays these costs. If either parent of the child reduced these costs or increases the costs, there would be a change in circumstance.
Change in circumstances could go either way for both parents. A few of the substantial changes in circumstances include:

• Decreased income for the parent who’s paying child support.
• Increase in income for the parent receiving the child support.
• Needs of the child decreased. (For example, The child is in school age and doesn’t require full-time care).
• One of the parents becomes disabled.
• Prolonged illness of either parent.
• If the parent who pays child support becomes the parent who spends the majority of his/her time with the child.

It is more often that child support cases can be resolved faster than any other family law related cases. If all financial discoveries have been completed, all parties involved can agree on the circumstances based on the child support guidelines. Your attorney, however, is the person who would be guiding you through the entire procedure.

Are you Looking for a Child Support Lawyer in Orlando Florida? The Law Office of Erin Morse might be the right place for you to start. Erin Morse Firm is a Family Law firm based in Orlando, Florida. Our Firm guarantees all clients receive expertise and professionalism through our lawyers. Our lawyer’s capabilities ensure that your case would be guided through the right path. Contact The Law Office of Erin Morse for your Family Law needs.

Child Support Lawyers For Fathers In Orlando FL

When it comes to child support, frequently all the parties involved find themselves polarized. There are some cases where mothers sometimes pay child support to fathers who gain custody. However, with a vast majority of divorce cases, it can be found that mothers are usually the custodial patents while the father acquires visitation rights and pays child support. Generally, the reason mothers gain child support is the child itself finds him/herself leaning more towards the mother when it comes to living conditions. It’s typically a well-known fact for infants and toddlers.

However, other conditions are taken into consideration when it comes to giving full child custody.

Typically, the law requires individuals who pay child support to make the payments until:
• The child is no longer a minor. (Over the age of 18)
• The child is a special needs child.
• The child gets involved in active duty military.
• Parental rights for the child are terminated for conditions such as adoption or other legal procedures.
• Your child declares himself “emancipated.” This means he/she can support him/herself and is therefore declared an adult.

When it comes to children, both parents have a responsibility to support their offspring. When divorce happens, by law, one parent gains physical custody of the child/children, while the other has to make child payments.
In the event that both parents have joint custody, the child support is calculated by the parents’ contributions, the joint income, and the time spent in physical custody for the child.

In many cases, it may seem unfair when a father who loves and provides for his child as equally as the mother does, gets granted with paying only child support and no custody. This often happens during the court hearings where insufficient material is produced to show that the child is in the right hands by staying with a particular parent.

It is actually incredibly common for individuals to refuse to pay child support. Seeking a capable lawyer who is experienced in the issues of child support would help you navigate the legal procedures involved and possibly ensure that you, as a father, is provided with being able to look in to the best interest of the child, while giving a reasonable and fair amount of child support, as a parent.

When it comes to gaining custody, seeking and weighing out the options for child support lawyers is vital. Whether you’re a father trying to determine child support as part of a divorce settlement, or an unmarried parent seeking some legal aid, an efficient lawyer can have the process streamlined.

The child support lawyer would be able to:

• Request child support order.
• Answer a child support petition.
• Establish the paternity rights.
• Prove the income.
• Locate ex-spouse(other parent).
• Determine factors to calculate support.
• Explain the child support enforcement options.
• Explain the support that can be gained from the other parent.
• Explain tax consequences of child support orders for your case.
• Represent you competently in court.

Father’s may generally find that they get the short end of the stick when it comes to child support and child custody. But it’s usually the judge looking at the facts of the case itself, and presenting valid exhibitions through a skilled lawyer that determine the direction of the case.

The Law Office of Erin Morse has years of expertise in Family Law and guarantees that we will provide you with the right amount of skill and determination needed to divert your case to go the right way.