Child Support Orders.

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!

Contact The Erin Morse Firm for your Family Law needs!

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

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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!

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Looking For A Child Support Lawyer In Orlando Florida?

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.

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Child Support Lawyers For Fathers In Orlando FL

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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.

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How Does Your Child See Divorce

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How Does Your Child See Divorce

Explaining that you’re about to get a divorce to your child can be one of the most challenging moments for a parent.

“Mom and dad are getting a divorce.”

These words could cause a significant amount of different emotions for a child.
Depending on the age of the child, these emotions could differ. The reason for this is not because of the situation itself, but children always start to worry about what would come after the separation.

Are you asking yourself, “how would a toddler be able to understand the situation?.
It may seem crazy to state, but children are more intuitive than they appear and would pick up on factors like the tone of voice, the absence of either party and even notice any hostile situations that may occur. When the child has to deal with those kinds of cases, it may cause them to face anxiety and grow up feeling like something was missing.

The older kids, although more understanding would still have the same questions as the younger children. While a better set of words can be used for the older children to explain to them about divorce, describing the overall part about the breakup is still never easy.

The effect that divorce has on children of any age is something that is unavoidable. However, parents should find it in their children’s best interest to keep the matter with minimal trouble for the sake of their well-being and future.
Divorcing parents are generally anxious about the welfare of their children during the process of a divorce. Some parents, in fact, stay in unhappy marriages believing that it would protect their child from the trauma of parental divorce.
Parents who do split, however, have reasons for hope. It is vital for parents to provide the emotional support and warmth that the child would require in the event of the divorce.

There’s no doubt that a child faces divorce with real hardship in their lives. Broken homes are generally more likely to affect their offspring’s marriage in the future. However, divorce itself isn’t what causes the negative sentences on children. The environment that the child grows up around is what contributes to the factor of how they’re able to cope.

Coming to the point of applying for divorce takes courage, and shows that you are ready to move on with your life and start another chapter.

Yes, divorce is complicated, and, unfortunately expensive. You only have one shot at this, because if you mess up, the modification process can be much more costly, and substantially less effective. If you cheap out on a lawyer, you may lose way more than you spend on them.

The Law Office of Erin Morse is located in Orlando, Florida, with a set of staff that can be ensured as some of the best divorce lawyers in Orlando, Florida. We offer services to clients through passion and have the ability to help them through their most difficult times.

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Child Support? Erin Morse Can Help You

Child Support? Erin Morse Can Help You

Child support is the financial assistance required for the benefit of the child. In Florida, it depends on various factors, and you need to make sure that you are paying or receiving the right amount. Erin Morse Child Support Attorney in Orlando, can help you to make sure that your interests are best represented.

It is true that family law matters do get more complicated when minor children are involved. If an experienced and knowledgeable Child Support Attorney in Orlando like Erin Morse is with you, the complications will be resolved. You might be wondering how to make head or tail of the Child Support Guidelines. That is what Erin Morse Law Firm is here for. We will walk you through the entire process and make sure that your child receives the right comfort.

Usually, there is a lot of confusion involved in calculating child support. Children have many expenses to be considered. Therefore, you need to be sure that you are paying or receiving the fair amount representing your child’s best interests. Calculating child support is a complex proceeding. Every situation is different, and additional complexities may arise depending upon the case. That is why an experienced child support attorney needs to be available to give you the best counsel. Erin Morse, as an experienced Child Support Attorney Orlando, is the best option for you. Here in Florida, the parents’ income, healthcare, daycare, time-sharing, visitations, and overnights are all considered when calculating child support. In this case, we, at Erin Morse Law Firm can help you make sure that you pay or receive the fair share.

We can represent your matter in the best light most favorable to you and your child to yield the best possible result. Feel free to call right away to schedule a consultation with us to discuss your case.

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Am I Allowed To Relocate With My Child After A Divorce?

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Am I Allowed To Relocate With My Child After A Divorce?

When you and your ex-spouse share custody of your children, under state law, you must consider all applicable court orders and other legal arrangements before making life-changing decisions. When you’re thinking about moving with your children, for example, there are several hurdles to overcome because you can make it official.

There are strict rules in Florida when a parent who shares custody wants to move away with his or her kids. Parents cannot relocate with their children unless everyone with custody rights to the child consents to the relocation or the court approves it. According to Florida law, the parent who wants to move needs to notify the other parent who shares custody. The notification must generally include the following:

  • The address, mailing address (if different), and the phone number of the new residence,

  • Names and ages of the individuals who intend to live in the new residence,

  • The name of the new school district and school,

  • The date of the proposed relocation,

  • The reasons for the proposed relocation,

  • A proposal for a revised custody schedule, and

  • Any other appropriate information.

When one parent notifies the other about a proposed relocation, the notification must include a counter-affidavit, which gives the other parent the option to object to the move and the modification of a custody order. The other parent has a set time limit after receipt of the notice to object to the proposed relocation.

 

Objecting to a Relocation

 When a parent with joint custody receives a notice of a proposed relocation from the other parent, he or she may file an objection with the court. The court may issue a temporary order to prevent the move, and a hearing will take place to determine whether relocation of the children can take place.

 

A Court Hearing Will Need To Be Scheduled

 In determining whether to grant a proposed relocation, the court will consider the following with the child’s best interest in mind:

  • The child’s relationship with each parent, any siblings and other significant individuals,

  • The age, developmental stage, and needs of the child and the likely impact of the relocation,

  • How a modified custody arrangement could preserve the relationship between the nonrelocating parent and the child,

  • The child’s preference based on his or her age and maturity,

  • Whether either parent might be thwarting the relationship of the child and the other parent,

  • If the relocation will enhance the general quality of life for the parent and child,

  • The reasons each parent is seeking or opposing the relocation, and

  • Any evidence of abuse of the child.

The court will consider any other factors that might help result in a decision that reflects the child’s best interest. If the court approves the parent’s proposed relocation, it will modify any existing custody order or establish the terms and conditions of a new order.

 Just like you do, the court cares about what’s best for your kids. While the process to move with your children may be complex, the resulting decision will be in their best interest.

 

Get Legal Help from Experienced Lawyers

After divorce, parents benefit greatly from obtaining legal help when approaching any hearings or decisions that involve the court. The team at the Law Office of Erin Morse has assisted countless parents in modifying court orders for relocation and other purposes. Our lawyers know Florida custody laws inside and out, so we can help parents make the most informed decisions possible.

 Feel free to contact our law firm if you share custody with your ex-spouse and you’re thinking about relocating. We can make sure you start the process on the right foot.

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Child Custody And Visitation

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Child Custody And Visitation

Child custody is not аѕ simple аѕ thе mеdiа makes it арреаr, and сuѕtоdу diѕрutеѕ dо nоt simply rеѕult in аwаrding the mother custody of the сhild. In ѕituаtiоnѕ whеrе thе раrеntѕ аrе divоrсеd, unmаrriеd, оr live far from оnе another, thе iѕѕuе bесоmеѕ соmрliсаtеd. This iѕ whу many раrеntѕ whо аrе соnѕidеring divоrсе сhооѕе to hirе a сhild сuѕtоdу аttоrnеу who саn hеlр thеm through аnу lеgаl entanglements аnd fight tо retain сuѕtоdу of thеir сhild.

 Mоѕt ѕtаtе lаwѕ define сuѕtоdу аѕ оnе or bоth parents bearing responsibility fоr thе wеlfаrе of the сhild. Physical сuѕtоdу is whаt реорlе commonly think оf when they tаlk about custody. Thiѕ rеfеrѕ tо whеrе a сhild livеѕ on a daily basis, whiсh can bе given tо one раrеnt оr both. Lеgаl custody iѕ a rеlаtеd mаttеr аnd refers to thе right to make ѕignifiсаnt dесiѕiоnѕ about a child, ѕuсh аѕ education аnd health саrе.

 Evеrу ѕtаtе hаѕ itѕ own lаwѕ regarding family mаttеrѕ, including сhild сuѕtоdу. Cоntrаrу to popular bеliеf, fаmilу соurtѕ dо nоt fаvоr оnе раrеnt over аnоthеr duе tо thе bаѕiѕ оf gender, аnd thе соurt does not рuѕh оnе fоrm оf сuѕtоdу оvеr аnоthеr. Thеrе are ѕеvеrаl tуреѕ оf сuѕtоdу аnd visitation рrivilеgеѕ available in most сhild сuѕtоdу situations, which аrе described аѕ fоllоwѕ:

 

Joint Phуѕiсаl Cuѕtоdу

 In саѕеѕ whеrе jоint lеgаl custody iѕ grаntеd bу a judgе, the сhild iѕ еѕѕеntiаllу split bеtwееn bоth раrеntѕ. The сhild mау live with each раrеnt fоr a ѕеt реriоd of timе, whiсh allows the child tо ѕреnd еԛuаl time with both parents. Jоint lеgаl сuѕtоdу iѕ nоt to be confused with ѕituаtiоnѕ whеrе оnе parent hаѕ custody, but grаntѕ viѕitаtiоn rightѕ to thе оthеr. Thiѕ form of child сuѕtоdу is best ѕuitеd fоr parents who are аblе to work past their differences аnd mаkе dесiѕiоnѕ together fоr thе bеѕt interests оf the сhild.

 

Jоint Legal Custody

 Nеithеr parent is givеn рrеfеrеnсе by the judges whеn it comes tо mаking dесiѕiоnѕ fоr the best interests of thе сhild. However, in certain situations, thе court may give оnе parent thе power to make сеrtаin dесiѕiоnѕ fоr thе child, dереnding оn ѕеvеrаl fасtоrѕ. Thiѕ type оf сuѕtоdу iѕ not tо bе соnfuѕеd with jоint physical custody, where thе сhild iѕ given equal time with еасh раrеnt. Inѕtеаd, jоint lеgаl custody iѕ bаѕеd оut of a dеѕirе of thе раrеntѕ to mаkе shared dесiѕiоnѕ regarding the child. “Joint Cuѕtоdу” is another term thаt саn refer tо еithеr joint legal custody оr joint рhуѕiсаl custody and the tеrm it iѕ often uѕеd intеrсhаngеаblу.

 

Sоlе Cuѕtоdу

 A соurt mау mаkе one of thе parents responsible fоr thе child’s mаjоr life dесiѕiоnѕ, which mау inсludе еduсаtiоn, healthcare, rеligiоn, and general welfare. Thiѕ dоеѕn’t mеаn thаt both раrеntѕ are bаrrеd frоm making thе decisions tоgеthеr; hоwеvеr, sole сuѕtоdу iѕ gеnеrаllу grаntеd bу thе judge in ѕituаtiоnѕ where it wоuld cause too much соnfliсt tо do ѕо, ѕuсh аѕ ѕituаtiоnѕ whеrе domestic viоlеnсе hаѕ occurred. Undеr law, thе сhild’ѕ custodial parent (thе оnе with ѕоlе сuѕtоdу) mау mаkе decisions оn thеir оwn, еvеn if it gоеѕ against thе other parent’s wishes.

 

Viѕitаtiоn

Viѕitаtiоn typically refers tо thе non-custodial раrеnt’ѕ ability tо have “раrеnting time.” Evеn thоugh thе child may livе with the custodial раrеnt, thеу саn ѕtill intеrасt with the оthеr раrеnt during a ѕеt реriоd of time рrеviоuѕlу defined by thе соurt. Thiѕ lаrgеlу dереndѕ оn thе unique facts bеhind еасh fаmilу’ѕ situation. When a judgе dеtеrminеѕ thiѕ time period, thеу will соnѕidеr the раrеntѕ’ wоrk ѕсhеdulеѕ, ѕаfеtу оf the сhild, рriоr сhild care hiѕtоrу, school lосаtiоnѕ, as wеll аѕ thе рrеfеrеnсе оf the раrеnt/сhild in dесiding visitation ѕсhеdulеѕ. Hоwеvеr, еvеn if thе сhild is аllоwеd lеngthу viѕitаtiоn timе with оnе parent, thiѕ does nоt mеаn that thе раrеnt rеtаinѕ аnу lеvеl of custody.

 

Suреrviѕеd Viѕitаtiоn

Whеn dеtеrmining viѕitаtiоn, thеrе are many ѕituаtiоnѕ where thе ѕаfеtу оf thе child оr custodial parent iѕ of соnсеrn tо thе judgе. Thiѕ is соmmоn iѕ dоmеѕtiс violence саѕеѕ, whеrе the сhild ѕhоuld nоt be lеft аlоnе with thе abuser. In оrdеr fоr thе judgе tо grаnt supervised viѕitаtiоn, thе сuѕtоdiаl parent must рrоvе whу it iѕ nесеѕѕаrу. Thе ѕресifiс fасtѕ behind each ѕituаtiоn will also dесidе hоw lоng and how frеԛuеnt the ѕuреrviѕеd visits will bе.

 Additionally, раrеntѕ are nоt rеԛuirеd to рurѕuе сuѕtоdу or visitation оf their child in соurt. For ѕоmе раrеntѕ, involving the court ѕуѕtеm may add аdditiоnаl stress or finаnсiаl burden. If thе раrеntѕ are оn аmiсаblе tеrmѕ, they mау reach аn infоrmаl decision rеgаrding the сuѕtоdу or visitation оf their child. Hоwеvеr, if thеrе is a potential fоr future conflict about сuѕtоdу or viѕitаtiоn аgrееmеntѕ, thе parents mау ѕtill turn to thе соurtѕ tо rеѕоlvе thе iѕѕuе.

 Thеrе iѕ nо реrfесt ѕоlutiоn tо аddrеѕѕing thе iѕѕuе оf сhild сuѕtоdу when dealing with divоrсе or ѕераrаtiоn. Similar tо thе rationale behind thе соurt’ѕ dесiѕiоnѕ regarding child custody, parents tасkling thiѕ iѕѕuе ѕhоuld place priority concern оvеr thе option thаt wоuld аllоw thе child tо livе a hеаlthу lifestyle. Thiѕ mау mеаn having оnе раrеnt retain ѕоlе custody оr having jоint lеgаl сuѕtоdу оf thе child. Whatever уоu ultimately decide, rеmеmbеr thаt уоur сhild will еxреriеnсе a lаrgе share оf the imрасt from the сhild custody decision.

 

How We Can Help


 You can depend on the Law Office of Erin Morse to help with your child custody and child support matters.If you are in Orlando and the surrounding areas, contact us today at (407) 900-7451 or click here to connect with us online. 

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Child Support Legal Services

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Child Support Legal Services

Getting Legal Help with Child Suрроrt

 Whеn оnе раrеnt оr саrеgivеr hаѕ сuѕtоdу оf a сhild or children and thе other раrеnt iѕ рауing mоnеtаrу соmреnѕаtiоn to аѕѕiѕt in the expenses fоr thе child. This finаnсiаl аѕѕiѕtаnсе is еѕѕеntiаl fоr thе wеll bеing оf thе сhild, аnd if it dоеѕ nоt соmе, it саn саuѕе grеаt hаrdѕhiр fоr the child and caregiver. It is a complicated аnd lеngthу рrосеѕѕ tо rесоvеr сhild support payments thаt hаvе not been mаdе with several сritiсаl ѕtерѕ inсluding lеgаl filingѕ аnd record kеерing. Thе individuаl caregiver саn rесоvеr ѕuрроrt оn his or hеr own, but a Fаmilу Lаw attorney will bе faster and hаvе a bеttеr ѕuссеѕѕ rаtе with thеir professional сhild ѕuрроrt ѕеrviсеѕ.

 An experienced fаmilу lаw аttоrnеу will intеrviеw thе сliеnt to determine whаt tуре оf рrоblеmѕ thеу are fасing. Based оn thiѕ, thе attorney will knоw what асtiоnѕ tо file in соurt and саn аdviѕе the client оn whаt tо еxресt. Thеrе аrе ѕеvеrаl rеаѕоnѕ a раrеnt may ѕtор рауmеntѕ. Inаbilitу tо pay, аѕ a protest tо viѕitаtiоn аgrееmеntѕ, lack of ассоuntаbilitу fоr thе mоnеу аnd a реrѕоnаl bеliеf that thе аmоunt iѕ unfаir аrе a fеw соmmоn reasons given. If thе parent who is ѕuрроѕеd tо рау fееlѕ that the аmоunt is unfаir оr tоо high, it iѕ hiѕ оr hеr responsibility tо filе a fоrmаl claim with thе соurt thаt аwаrdеd the сhild ѕuрроrt

 Suрроrt Court Filing Prосеdurеѕ

 Thеrе iѕ a process tо filе thаt bеginѕ with

1. A petition tо еѕtаbliѕh thе nееd fоr finаnсiаl ѕuрроrt

2. An intеrim mоtiоn fоr ѕuрроrt,

3. Thе ѕummоnѕ

 A ѕummоnѕ iѕ a rеԛuеѕt fоr a hеаring аnd a notice оf a hеаring. Thе реtitiоn will name thе раrеntѕ оr guаrdiаnѕ, identify thе сhild or сhildrеn, request to еѕtаbliѕh paternity and calculate the amount of child ѕuрроrt. Twо сорiеѕ of each dосumеnt will nееd tо bе made аnd the оriginаl plus thе сорiеѕ will be submitted to the соurt. Thе соurt will рrореrlу endorse аll оf thе documents and give thе сорiеѕ back to the petitioner. It is imроrtаnt for anyone filing for сhild ѕuрроrt to comply with thе rules thаt rеlаtе tо dоmеѕtiс rеlаtiоn саѕеѕ in thеir juriѕdiсtiоn.

 Thе summons fоrm оrdеrѕ the rеѕроndеnt, thе реrѕоn frоm whоm thе financial оbligаtiоn iѕ rеԛuirеd, to file аn аnѕwеr, оr rеѕроnd, within 30 dауѕ in mоѕt ѕtаtеѕ. The summons contains thе rulеѕ оf procedure аnd muѕt be ѕubmittеd along with the реtitiоn to thе соurt whiсh will put аn оffiсiаl ѕtаmр аnd serve it оn the rеѕроndеnt. Intеrim financial ѕuрроrt may bе rеԛuеѕtеd аt thе same timе thе реtitiоn iѕ filеd. Thiѕ iѕ to hеlр with the ѕuрроrt of the child during thе time thе реtitiоn аnd hеаring is реnding.

 Thе реtitiоnеr will also nееd tо ѕubmit a rеԛuеѕt for a hеаring аnd a notice-of-hearing fоrm fоr interim child ѕuрроrt. Thе rеԛuеѕt-fоr-hеаring fоrm iѕ a rеԛuеѕt that thе hearing dаtе fоr intеrim ѕuрроrt bе expedited. Many ѕtаtеѕ аlѕо rеԛuirе аn infоrmаtiоn ѕhееt thаt iѕ uѕеd in the event that thе рауmеntѕ аrе nоt mаdе. The information given iѕ about the child or children.

 Enfоrсing Child Suрроrt Pауmеntѕ

 It is diffiсult tо соllесt рауmеntѕ if the person who iѕ supposed tо pay dоеѕ nоt. Filling out and thеn ѕubmitting these fоrmѕ tо thе соurt iѕ соmрliсаtеd аnd it iѕ соnѕidеrеd bеttеr in the long run tо have a fаmilу lаw аttоrnеу. Thе аmоunt оf mоnеу in a сhild ѕuрроrt judgmеnt саn bе ѕеvеrаl thousands оf dollars a уеаr аnd justifies the cost оf a сhild ѕuрроrt аttоrnеу because there is a muсh better сhаnсе оf gеtting a fаvоrаblе rеѕult.

 Thеrе are ѕеvеrаl ways tо recover child ѕuрроrt рауmеntѕ.

1. Gаrniѕhing the wages fоr a lumр ѕum рауmеnt

2. Wage withholding fоr monthly рауmеntѕ,

3. Intеrсерtiоn оf tax returns аnd

4. Sеizurе of assets or liеnѕ оn аѕѕеtѕ

 

These аrе a fеw methods child lеgаl ѕеrviсеѕ use. Gаrniѕhing wаgеѕ iѕ thе mоѕt common wау tо соllесt рауmеntѕ. Thiѕ means thе employer muѕt dеduсt thе аmоunt оf сhild ѕuрроrt оwеd and ѕеnd it tо the child’s саrеgivеr.

 Enforcement iѕ another wау tо gеt unраid рауmеntѕ. Intеrеѕt on thе рауmеntѕ оwеd mау аlѕо bе part of thе judgmеnt. Thiѕ саn be tаkеn from income or рrореrtу of the реrѕоn in аrrеаrѕ. In thiѕ case, it iѕ еѕресiаllу wоrth thе rеlаtivеlу ѕmаll еxреnѕе оf hаving a fаmilу lаw аttоrnеу.

 Sеizurе оf оr a lеvу оn assets ѕuсh аѕ a bаnk account, mutuаl fund invеѕtmеnt оr a vаluаblе аutоmоbilе iѕ аnоthеr way tо get rightful child ѕuрроrt. A family law аttоrnеу will knоw hоw tо execute this in thе correct wау. Sоmе property iѕ exempt form frоm a lеvу, and even if thе parent сlаimѕ аn еxеmрtiоn, thiѕ process iѕ еffесtivе in gеtting thеm tо mаkе these рауmеntѕ.

 How a Child Support Attorney Helps

 A family law аttоrnеу will also hеlр find a miѕѕing parent whо owes finаnсiаl ѕuрроrt. There are parent lосаtоr ѕеrviсеѕ and mоtоr vеhiсlе rесоrdѕ whеrе mоѕt people can be located, but if thеѕе prove uѕеlеѕѕ, thе аttоrnеу has оthеr means. Thiѕ will save the аddеd соѕt of hiring a private investigator whiсh саn gеt еxреnѕivе.

 Thе fеdеrаl government iѕ ѕеriоuѕlу enforcing court ordered finаnсiаl оbligаtiоnѕ. The Child Suрроrt Rесоvеrу Act оf 1992 mаkеѕ it a federal сrimе to willfully withhold mоniеѕ frоm a сhild who livеѕ in аnоthеr state if thе аmоunt not раid is over $5,000 or unраid fоr оnе уеаr. Thеrе are also сriminаl реnаltiеѕ in different states for fаilurе to рау child ѕuрроrt. Child Lеgаl Services саn help mеdiаtе bеtwееn the раrеntѕ to ѕоlvе thе problem оf nоn-рауmеnt, but if thiѕ fаilѕ, a lеgаl process iѕ rеԛuirеd, and the саrеgivеr can grеаtlу bеnеfit from an аttоrnеу.

 Let Us Help You Resolve Your Child Support Matter

 You can depend on the Law Office of Erin Morse to help with your child support matters. Give us a call today at (407) 900-7451 or click here to connect with us online

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Are You Filing For a Divorce With Minor Children Involved?

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Are You Filing For a Divorce With Minor Children Involved?

In a divorce where children are involved, you will need what is called a Marital Settlement Agreement and a Parenting Plan. If you and the other party are able to agree to the terms, these documents will be presented to the court and included in the final judgment dissolving your marriage.  After you are divorced, your Marital Settlement Agreement and Parenting Plan will serve as written guides for how you will divide money and parenting tasks.  Alternatively, if you and the other party cannot agree the Judge will order the details of a divorce will be ordered by and Judge and the specifics of a Parenting Plan will be decided by the Judge.

 The following will give you a brief outline of some of the elements involved in the process of a divorce.

 Marital Settlement Agreement

A Marital Settlement Agreement lists the terms of the divorce and the relationship between the two spouses after the divorce, which covers equitable distribution, child custody, debt division, alimony and any other relevant issues related to the divorce. This agreement is non-modifiable at any time so it is very important that you know your rights and make the right decision knowing that this can not be changed. 

 

Equitable distribution

Equitable distribution also known as property division, is the fair, but not necessarily equal, division of all marital property, assets, and debts.  This complex concept is discussed in Section 61.075 of the Florida Statutes. Both spouses should be aware of what was owned and owed prior to the marriage, what has been acquired since the marriage, and what is currently owned and owed.

 You and your spouse will decide how to divide or distribute all of your assets and debts so that you can achieve a financial divorce. Some of your assets include:   your home, retirement accounts, bank accounts, investment accounts, possessions, businesses, insurance policies, cars, etc. Your liabilities will include debts – such as your student loans, credit card debts, car loans, mortgage debt, etc. If you and your spouse do not agree on how to divide your assets and debts the Judge will do this for you based on the criteria in the Section 61.075 of the Florida Statutes.

 Alimony

Alimony, also known as Spousal Support, is money or other property paid in fulfillment of a duty to support one’s spouse after a separation or divorce.  If a divorcing couple does not agree to an alimony plan, a judge may order alimony.  There are a number of factors to consider when deciding the question of alimony but the key factor will be the receiver’s need and the payor’s ability to pay.

Section 61.08 of the Florida Statutes

(a) The standard of living established during the marriage

(b) The duration of the marriage.

(c) The age and the physical and emotional condition of each party.

(d) The financial resources of each party, including the non-marital and the marital assets and liabilities distributed to each.

(e) The earning capacities, educational levels, vocational skills, and employability of the parties and, when applicable, the time necessary for either party to acquire sufficient education or training to enable such party to find appropriate employment.

(f) The contribution of each party to the marriage – including services rendered in homemaking, child care, education, and career building of the other party.

(g) The responsibilities each party will have with regard to any minor children they have in common.

(h) The tax treatment and consequences to both parties of any alimony award.

(i) All sources of income available to either party, including income available to either party through investments.

(j) Any other factor necessary to do equity and justice between the parties.

 

Once alimony has been ordered, it may (or may not) be modifiable later on. When discussing alimony, divorcing couples should discuss whether or not this alimony will be modifiable as to the duration (length of time) and/or as to the amount, and what circumstances would warrant a modification.

 

Child Support

The principles in Section 61.29 of the Florida Statutes establish the public policy of the State of Florida in the creation of the child support guidelines. These principles are:

  • Each parent has a fundamental obligation to support his or her minor or legally dependent child

  • The guidelines schedule is based on the parent’s combined net income estimated to have been allocated to the child as if the parents and children were living in an intact household

  • The guidelines encourage fair and efficient settlement of support issues between parents and minimizes the need for litigation

Child support is calculated using a specific, statutory formula (as outlined in Section 61.30 of the Florida Statutes), is known as the Child Support Guidelines Worksheet.  This formula utilizes each parent’s net income the number of overnights, the payment of childcare expenses, and the child’s health insurance to come to the correct amount of child support.  In order to correctly calculate child support you should remember the following:

 A parents’ net income is calculated by subtracting the amount the parent pays in (i) Federal, FICA and Medicare taxes; (ii) mandatory retirement contributions, (iii) mandatory union dues; (iv) health insurance coverage – for the parent only; (v) court-ordered child support from prior cases; and (vi) alimony, from the parent’s gross income.

 The court may adjust or modify child support at any point in time. So as circumstances change either parent may return to court and request a modification of child support. The criteria the court uses to make this decision is outlined in Section 61.30(11) of the Florida Statutes. Child support terminates on a child’s 18th birthday unless the parents agree otherwise.

 

Everything Else

In this section, you and your spouse may include anything else that you agree is relevant including how you will handle the dependency tax exemption for your child, legal expenses, the purchase of life insurance, guidelines for future communications, or visits with the family dog.

 

Parenting Plan

A Parenting Plan is required in all cases involving time-sharing with minor child, even when time-sharing is not in dispute. The Parenting Plan must describe in adequate detail:

  • How the parties will share and be responsible for the daily tasks associated with the upbringing of the child

  • The time-sharing schedule arrangements that specify the time that the minor child will spend with each parent

  • A designation of who will be responsible for any and all forms of health care, school-related matters, including the address to be used for school-boundary determination, registration, and other activities

  • The methods and technologies that the parents will use to communicate with the child

In creating the Parenting Plan, all circumstances between the parents, including their historic relationship, domestic violence, and other factors must be taken into consideration. Determination of the best interests of the child shall be made by evaluating all of the factors affecting the welfare and interest of the particular minor child and the circumstances of that family, as listed in Section 61.13(3) of the Florida Statutes.

 

“That which is in the best interests of the minor child” are the primary consideration in the Parenting Plan. It’s hard to say what would be considered to be in the best interest of the child as each court and each judge is different. There are a few factors and circumstances that most judges consider to be in the children’s best interest:

  • Physical and emotional safety: Courts almost universally believe the child’s best interests are served when the child is placed in a physically and emotionally safe environment free from abuse and neglect.

  • Consistency: Most courts believe consistency is in a children’s best interests and do not favor moving the child from residing with one parent to residing with the other. They also typically do not favor disrupting the child’s schedule, school, and school activities, or moving the child away from friends and extracurricular activities

  • Both parents: Unless one parent has been found unable to care for the child, courts will almost always find that a child’s best interests are served when the child is able to build a relationship with both parents. In other words, it is a very rare move for a court to approve a parenting plan that significantly or completely cuts the child off from seeing the other parent.

  • Family ties: While perhaps not as important as the other factors, if the child has developed significant ties with extended family members like grandparents, aunts, and uncles, a court will likely take this into consideration when determining the child’s best interests. So, for example, a parenting plan that proposes to move a child to a different home and away from the grandparents when the child has a close, loving relationship with the grandparents and has seen them nearly every day of her life might not be approved by the court.

Once the Marital Settlement Agreement and The Parenting Plan have been developed and agreed upon by the parents, the documents will be filed in the court and a hearing will be set.

 

If you have questions or need advice, contact me today. I’m here for you. Call now to schedule your Consultation with me, Attorney Erin Morse.

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