Ocala Divorce Lawyer Blog

The economic recession that has gripped the country has significantly affect families in a myriad of ways, including the ability to financially support one's children. One of the biggest problems has been a drop in child support payments. Missed payments are no longer simply a case of "deadbeat parents" who don't want to pay child support. Rather, many jobless parents are simply too poor to afford these support payments.

When a parent continually misses child support payments for any reason he or she must face the consequences, usually by being brought into court by Department of Revenue/Child Support Enforcement (DOR). The delinquent parent may even end incarcerated for failure to pay support. But Florida's child support laws are unique in that Florida is one of only five states where a "deadbeat" parent facing trial is not guaranteed access to court appointed counsel.

What this ultimately means is that a parent who is too poor pay child support will likely go to jail because he is also too poor to afford a lawyer. The U.S. Supreme Court is currently hearing a case to address this very issue. A South Carolina Father who has been repeatedly jailed for his inability to pay child support is attempting to prove that this system constitutes a modern form of debtors' prison.

And unlike in criminal cases where the defendant is appointed a free lawyer (Public Defender), which are constitutionally guaranteed, child support payments are a civil matter. Therefore the state of Florida does not need to provide a free defense lawyer.

The question at issue is whether it is fair to imprison a non-paying parent without legal representation simply because they are too poor to pay. The Supreme Court's ruling could have a large impact on how Florida treats the issue of child support payments.

If you are thinking about divorce or facing a family law related matter, please see our website for more information on your legal options or call Ocala Divorce and Family Law attorney at the Law Office of Anne E. Raduns, PA to find out how we can help. We employ a client based approach, which means that we are selective in the cases we take so that we can be available to our clients. We spend time with you to thoroughly understand the facts of your case, so that we can provide you with a comprehensive and realistic legal evaluation. Our process begins with a half-hour low-cost consultation. Call for your appointment today.

There are times when my client asks if he/she could get the IRS Dependency Exemption, even though they are not the custodial parent (or parent with the most overnights). It was in the past that the Court could not order the custodial parent to give the other parent the IRS Dependency Exemption, but that has changed. If the custodial parent is not working and the non-custodial parent paying child support, there is case law that supports having the non-working custodial parent give the other parent the IRS Dependency Exemption.

The Court in Geddies v. Geddies, 1D09-4635, 2010 WL 3477462 (Fla. Dist. Ct. App. Sept. 7, 2010) held that pursuant to Florida Statute Section 61.30, the trial court is authorized to take into account the "impact of the Internal Revenue Service dependency exemption and waiver of that exemption" in determining the amount of child support. The statute authorizes the trial court to direct the transfer of the exemption to the noncustodial parent, which has the effect of "mak[ing] more money available for child support through tax savings." Vick v. Vick, 675 So.2d 714, 719 (Fla. 5th DCA 1996).

The trial court cannot allocate the exemption directly, but it can only require the custodial parent to execute a waiver transferring the exemption to the noncustodial parent pursuant to Florida Statute § 61.30(11)(a) 8, ("The court may order a parent to execute a waiver of the Internal Revenue Service dependency exemption...."); Salazar v. Salazar, 976 So.2d 1155 (Fla. 4th DCA 2008).

In the Geddies case the First District Court of Appeals upheld the the trial judge's ruling on this issue. The Former Wife had no taxable income or income tax liability in order to benefit from the exemption. See McDaniel v. McDaniel, 835 So.2d 1265 (Fla. 1st DCA 2003) (reversing award of tax dependency exemption to the Former Husband where the Former Husband did not have any taxable income or income tax liability for the tax year). Additionally, because the Former Husband had another child support obligation that had already reduced his disposable income, the award of the dependency exemptions to the Former Husband would serve to maximize the disposable income available for him to pay his child support obligation in this case. Accordingly, the trial court did not abuse its discretion in awarding the dependency exemptions to the Former Husband while the Former Wife was unemployed

If you are facing a family law or divorce matter, and want more information, please visit our website or call the office to schedule your initial consultation. We employ a client based approach, which means that we are selective in the cases we take so that we can be available to our clients. We spend time with you to thoroughly understand the facts of your case, so that we can provide you with a comprehensive and realistic legal evaluation. Our process begins with a half-hour low-cost consultation.

With the signing of Florida House bill 907, Florida Family Law statutes have had quite a few changes. The Child Support Statue update now mandates that effective January 1, 2011, any and all child support orders entered into on or after October 1, 2010 must provide:

1. The termination of the child support shall end on the child's eighteenth birthday, unless otherwise agreed to by the parties. This is a pretty significant change from the current statute, which mandates child support to continue past the 18th birthday with a reasonable expectation of graduation. So, if the child turns 18 in October but does not graduate until June, under the current statute the child support would continue until graduation.

2. A child support schedule. This schedule shall state the amount of the monthly child support obligation for all the minor children at the time the order is entered. The schedule shall also provide the amount of child support that will be owed for any children remaining after one or more children in the order are no longer entitled to receive child support.

3. The month, day and year that the reduction or termination of child support becomes effective.

The recent changes also provide the Child Support Guidelines and Principles that will be follow by the Florida family courts:

1. Each parent has a legal obligation to support his or her minor or legally dependent child.

2. The guideline schedule is based upon the parents' combined net income that the child would be receiving if the parents were still living in the same household.

3. The goal of the guidelines is to encourage fair and efficient settlement of child support issues between parents, as well as minimize the need for litigation.

It would seem that on the face of the update, the biggest change is how we actually calculate the child support number. Normally, the number of overnights needed to realize a significant change in the amount paid from one parent to another was 147 overnights, or forty (40%) of the whole year. That number has decreased to 73 overnights or twenty (20%) of the whole year. This change will be significant whether you are paying or receiving parent of child support.

If you have any questions about this new child support statute, please call us to talk your case. Visit our website or call the office to schedule your low-cost consultation. We employ a client based approach, which means that we are selective in the cases we take so that we can be available to our clients. We spend time with you to thoroughly understand the facts of your case, so that we can provide you with a comprehensive and realistic legal evaluation. Our process begins with a half-hour low-cost consultation.

Divorce in Florida, especially alimony and child support have been changed when House Bill 907 was signed into law yesterday. This bill was merely waiting for the signature of the Governor, as it had passed the House and the Senate.

Florida's alimony laws have been under consideration for change for some time. The statute which previously guided our Judges on issues of alimony was ambiguous at best, because it lacked clear definitions of "duration" for the award of alimony or types to be considered. It was basically a case-by-case analysis with the aid of case law. Lawyers knew what to do with very short term marriages and long-term marriages but everything else was a "best guess." The new law gives the Court more guidance as far as length of marriage and other factors to consider. The following have been codified by this bill:

1. Adds "durational" alimony or alimony for a set period of "short" or "moderate" period of time.

2. Adds specific guidelines for length of marriage, and defines various types of alimony. Allows for award of more than one type of alimony; and revises factors to be considered in whether to award alimony or maintenance

3. Adds tax consequences and child care responsibilities as factors the court should consider when awarding alimony.

4. Recognizes "bridge-the-gap" short-term alimony so that those in the 5th District Court of Appeal (which includes Ocala, Inverness, Bushnell) will finally have access to this type of support.

A big change on the child support side of the bill was that it added back the 25% of daycare that was taken away. So now instead of getting a 75% credit for paying daycare, the parent that is paying it gets 100% credit, Also, another HUGE change was that "substantial Parenting Time" was reduced from 40% time-sharing (or 147 overnights) down to 20% time sharing (73 overnights). Hopefully, this will mean less fighting over that "mid-week overnight."

If you are thinking about divorce, please call us to talk your case. Visit our website or call the office to schedule your low-cost consultation. We employ a client based approach, which means that we are selective in the cases we take so that we can be available to our clients. We spend time with you to thoroughly understand the facts of your case, so that we can provide you with a comprehensive and realistic legal evaluation. Our process begins with a half-hour low-cost consultation.

Dear Star Banner:

I believe that the editorial, "Nothing but food stamps..." in the Star Banner dated February 28, 2010, regarding Fathers not paying support deserves a response. I am a family law attorney in Ocala and I cover the areas of all around our circuit. The sentence I found most disturbing was, "if a woman does not want the man around her or her children the support may help to pay a sitter while she is seeking employment." With the mentality that dad is just a "paycheck" it's not surprising that the support will be sporadic or non-existent. Why in the world would you want or decide to have children with a man you don't want around the kids? The courts and I find it ironic that the mother had no problem being around this man when they were making the baby, only to decide that he is too dangerous to be around the baby after birth.

I am a firm believer that the legal doctrines of "best interests of children," "shared parental responsibility," and "equal parenting time" are not mutually exclusive. Most people do not like paying for something and getting nothing in return. If a parent wants to get timely and continuous support the best thing to do is keep the paying parent connected with the child. I hear man after man saying that they are tired of dealing with moms who are constantly interfering in their parenting time. This is a call to the ladies out there who "hook up" with a guy they don't really know very well, are not married to, and then have a baby with them - why in the world are you doing that? Find a mate, get married, and raise a family. We don't usually see "dead-beat dads" in this scenario. The heart of this larger problem is evidenced weekly in the birth announcements published in the Star Banner where 50% to 60% of the births appear to be to unmarried parents.

The surest way to get the other person to pay support on a regular basis is to equalize parenting time between divorcing spouses or unmarried parents, making sure children have the chance to be with both Fathers and Mothers as much as possible. Being a Father is arguably one of the MOST important and special roles a man will have in his lifetime. Fathers deserve a chance to continue being a parent and to teach their child about the world around them. Fathers need to be there for their children, and not be relegated to being "weekend parents." Too many times I hear the dad say," I'm not on the school records, not on the medical records, and not on the activities records."

For decades it was presumed that custody of children of "tender years" was best with mothers because it was wrongly believed that Fathers are inept as parents. Fortunately, our Florida Statutes have moved towards gender-neutrality. The "tender years doctrine" is really dead. And though fathers seeking child custody have gained ground in recent years, they are still burdened by old stereotypes. And for those able to see behind smoke screens, custody fights are not always about the children. Many times custody is just about the money. I've seen many cases where custody fights, even to the exclusion of visitation, are strategic maneuvers to maximize child support, alimony, and equitable distribution. Afterwards, when the battle is won, the barriers to child access mysteriously fall away, only to be raised again if payments are not prompt or if feelings are hurt.

The simplest and most responsible way to solve the problem of the non- payment of child support is clearly not to have multiple babies with multiple baby-daddies (or vice versa). Children are little people that require love, nurturing, guidance, and care-taking by both parents. They are NOT weapons to be used get more money or to get the upper hand in a court of law. Take some time, choose a mate wisely, get married and raise a family together. If for some reason the marriage does not work out, arrange for an equal time-sharing arrangement to keep Dad actively involved in the children's lives.

To talk to us about your case, please visit our website or call the office to schedule your initial consultation. We employ a client based approach, which means that we are selective in the cases we take so that we can be available to our clients. We spend time with you to thoroughly understand the facts of your case, so that we can provide you with a comprehensive and realistic legal evaluation. Our process begins with a half-hour low-cost consultation.

I had a prospective client in my office early in the telling me that he didn't know that signing the baby's birth certificate made him the presumptive legal father. He had just been served with papers from Department of Revenue/Child Support Enforcement, and now the baby's mother was seeking child support. Honestly, he was not sure he was the biological father at all. He had heard from friend's of the mother, that she believed that the baby's real biological father was her past boyfriend. Now the question he asks, "what do I do?"

Florida's statute that deals with the Disestablishment of Paternity is Section 742.18. There are certain requirements that must be followed when attempting to disestablish paternity. One of the requirements is that the party attempting to disestablish paternity must file a Petition To Disestablish Paternity with the court and demonstrate some "newly discovered evidence." This evidence may be any number of things, including finding out that the biological mother believed someone else to be the Father. Also, a DNA test must be performed and submitted to the court as evidence that the person trying to disestablish paternity is really not the biological father. This DNA test must be performed within 90 days of the filing of the petition, but if the man attempting to disestablish paternity does not have to the child for testing, then he may file a motion with the court to request the court to order the mother to provide the child for a DNA test.

Lastly, the statute is clear that the Petitioner attempting to disestablish paternity must be current on all child support obligations or that he has substantially complied with the child support payment obligation. Although this legal process is not that common, we have successfully helped men disestablish paternity and terminate child support for children that were not theirs.

If you believe that you are not the biological father for a child for which you are currently paying support, please visit our website or call the office to schedule your initial consultation. We employ a client based approach, which means that we are selective in the cases we take so that we can be available to our clients. We spend time with you to thoroughly understand the facts of your case, so that we can provide you with a comprehensive and realistic legal evaluation. Our process begins with a half-hour low-cost consultation.

The Department of Revenue was originally an offshoot of the Department of Health and Human Services, created in 1975 to "ensure that children have the financial support of both their parents, to foster responsible behavior towards children, to emphasize that children need to have both parents involved in their lives, and to reduce welfare costs." DOR/Child Support Enforcement has the task of either determining, modifying, or enforcing child support in all of Florida's 67 counties.

The Florida Department of Revenue has the authority to enforce your child support requirements. Once your child support payment amount is established, as determined by Florida's child support guidelines, the payment requirement is enforceable not only in Marion County and throughout Florida, but also anywhere in the country.

If this is an initial determination, you were probably served with a Petition to Establish Child Support. This may have been in connection with a child born out of wedlock or it could have been part of a divorce where child support was not yet established. DOR also handles modifications where the custodial parent is seeking to have an increase in child support. Or lastly, this could be an enforcement action where the non-custodial parent is failing to pay timely support. In any of the above cases, it is important to hire an attorney to make sure that you are treated fairly during the process and your financial interests are protected.

Enforcement of Child Support Orders - The Payee Parent

If you are not receiving the payments you and your child have been awarded, contact us so we can guide you through the difficult process of getting the payments you deserve. We have successfully placed liens on real property, personal property and future income (including Personal Injury awards) to ensure that payment will be received. Additionally, Anne E. Raduns, PA we will work with you to ensure payment getting payments directly from the parent's employers, or suspending a driver's license.

Enforcement of Child Support Orders - Payor Parent

If you have been issued an Enforcement order it is critical that you take this seriously. In the state of Florida the courts have the ability to get you to pay by:

* Suspending your Florida driver licenses
* Intercepting tax refunds
* Ordering employers to take payments directly from your paychecks
* Placing a lien on your property

Contact Anne E. Raduns, PA so we can work with you and the courts to find the fairest way to all parties to bring you into compliance. We will examine your finances and situation and negotiate a method to repay your costs so your child can receive the support needed. This could result in reduced payments, a deferral of payments, and / or a modification of future payments.

Modification of Child Support Orders - Either Parent

All things change, and so to may the ability to pay child support or the need for increased child support. If this is the case, either parent can petition the court for an adjustment to the current payment. If either parent has received a raise, lost their job, if the child has special needs, or for any other payment altering events, may result in a need to modify the original child support order. Our office can work with you and DOR to determine the revised payments that meets Florida's child support guidelines.

We helped hundreds of parents through the maze of DOR Child Support enforcement. Whether you are the payee parent or the payor parent, we will make sure you are treating fairly by the process. To talk to us about your case, please visit our website or call the office to schedule your initial consultation. We employ a client based approach, which means that we are selective in the cases we take so that we can be available to our clients. We spend time with you to thoroughly understand the facts of your case, so that we can provide you with a comprehensive and realistic legal evaluation. Our process begins with a half-hour low-cost consultation.

Aside from providing love and regular attention after a divorce or paternity case, parents have no higher obligation than to provide financially for their children after the divorce. Child Support is more important than any other debt or financial obligation, but most people do not know what level of support will be required. But the payment of Child Support also the one of most contentious issues in Divorce and Paternity cases.

When dealing with Florida child support issues, you are always better off having an experienced attorney to help you with this issue. You will want to be sure you get as much "credit" as possible in the calculations. But there are also some things you need to know about how child support is calculated in Florida, and more specifically about the Florida child support laws. While many people don't realize it, Florida child support numbers are fairly fixed, it is a straight mathematical calculation that does not take into account many of the parent's actual expenses.

The Florida Statute that governs child support is Florida Statute 61.30. Florida Child Support laws look at only a few factors when calculating child support. They are as follows: The child support laws of most states look at only a few factors, and you may find that your Florida child support award takes into account only:
- How much you earn (before taxes)
- How much the other parent earns (before taxes)
- How many children you have; and
- What percentage of time the children are under each parent have with the children.

Continue reading "Florida Child Support: How is it Calculated and Who Pays?" »