About Our Firm
- All Family Law Group, P.A.
- Since 1997 we are experienced and knowledgeable Tampa attorneys practicing exclusively in Divorce, Family, Stepparent/Relative Adoption, Consumer/Personal Bankruptcy & Mediation. We practice primarily in Tampa, Riverview, Brandon, Valrico, Lithia, Carrollwood, North Tampa, Plant City and all of Tampa Bay. Our lawyers have experience practicing in contested and uncontested divorces, including military divorces, and family law, child support, child custody and visitation, relocation of children, alimony, domestic violence, distribution of assets and debts, retirement/pensions (military and private), enforcement and modification of final judgments, paternity actions, adoptions and name changes. We offer a free consultation and we are happy to discuss your case. Call or email to schedule a consult. Our representation of our clients reflects our dedication to them.
Wednesday, July 23, 2014
Many divorcing parents are aware of their obligation to support their children, and some are familiar with how the amount they have to pay is decided. Fewer are aware of how long their obligation to support their children continues.
Payment Lasts Until Child Reaches Majority Age
In general, a parent must pay child support until their child is 18. This is considered the age of majority, when the child is legally recognized as an adult. However, a child's eighteenth birthday isn't always the cutoff date for support payments. According to Florida law, a parent's duty to continue paying child support may be extended when the child has not finished high school by their eighteenth birthday; when the child has special needs; and when there is an agreement that says otherwise.
First, parents of children who have not finished high school by their eighteenth birthday are obligated to support their children until the children complete their education. This doesn't mean that a child can stay in high school forever. Support will only continue if the child is still enrolled in school, has a reasonable expectation of finishing their education, and expects to graduate before their nineteenth birthday. Showing a "reasonable expectation" is often the key to qualifying for this exception. The child would most likely have to show that they are and have been enrolled in a school, that they have been regularly attending, and that they will meet the requirements for graduation. Under this statute a child who dropped out of high school at 17, or who is several years away from graduating, would not qualify for continued support. In contrast, a child who turned 18 several months before their graduation would be entitled to receive support until their graduation.
Second, child support may continue indefinitely if the child is mentally or physically disabled. In determining the length of time that support will continue, the courts will generally look at whether the child will ever be able to earn enough money to support themselves or whether their disability will prevent them from providing for themselves. It does not matter whether the child was born with their disability or whether they became afflicted with it at a later age. For the support to continue, all that matters is that the disability began before the child reached the age of majority, and that the disability will prevent the child from being financially self-sufficient.
Third, though parents have no legal obligation to continue supporting their children after the aforementioned circumstances, the courts will enforce voluntarily entered agreements that extend the period of support. Parents are prevented from contractually decreasing their child's right to support (because the right to be supported belongs to the child, and not to either parent), but there is no legal stipulation against providing more support than one is asked to. Thus, parents who decide to create a binding agreement to help their child beyond what is required will generally be held to the terms of that agreement.
Talk to a Tampa Bay Family Law Attorney
Whether you're contemplating a divorce or a paternity action, are in the middle of the process, or already have an order in place, a Tampa family law attorney can help answer your questions about child support. Contact our Experienced Attorneys & Counselors at Law since 1997 Serving all of Tampa Bay. Call 813-672-1900 now for a free initial consultation www.familymaritallaw.com.
By Lynette Silon-Laguna Google
Thursday, July 10, 2014
Picture this: you’re divorced from your former spouse with whom you have a minor child. During the divorce proceedings, you are deemed the custodial parent. You and your former spouse get along amicably and follow the child visitation plans without issue. A few years following the divorce, you get an offer for your dream job in Denver, CO. You are ready to go, but before you do, you may need to get the court’s permission.
Relocating Outside of Florida
Florida has a specific statute that provides the rules for relocating 50 miles or more when a minor child is involved. The legal term for moving the child out of state is “relocation.” The statute requires that the relocating parent receive written agreement to the move by the noncustodial parent, or request the court’s permission. As a practical matter, it will be easier if you can get your former spouse’s agreement to the relocation. However, even if they do not agree with the move, the court still has the power to grant permission for the move.
How the Court Decides
One of the most important phrases in the realm of family law is “the best interests of the child.” The court will generally allow relocation, even if one parent objects, if it determines that it is in the best interest of the child. The court’s primary concern is your child’s best interests, not yours or your former spouse’s. Thus, a great career opportunity alone may not be a good enough reason to allow relocation if the court finds that uprooting the child from their home, established routine, and support system would be harmful to the child’s well-being. After all, moving can be tough on children. This is one of many reasons why you need a strong advocate explaining your position to the court.
The judge will make the decision on a case by case basis. Every case, like every family, is different. However, the law provides some guidance as to factors that should be considered. These factors include, but are not limited to:
● The child’s relationship with the non-relocating parent, siblings, and other relatives;
● The child’s age, development, and the likely emotional impact of the move;
● The possibility of preserving long-term relationships even after the move;
● The child’s personal preferences (if they can be meaningfully obtained); and
● The overall potential benefit of the move on the child’s quality of life.
It’s important to remember that none of these factors are determinative; the judge weighs and reviews them to help decide whether the relocation would be in the child’s best interest. Also, in most cases the burden of proof is on the parent wishing to relocate to show by a preponderance of the evidence that that move is in the child’s best interest.
Contact a Tampa Bay Divorce Attorney
No matter the specifics of your family situation, there are complex procedural rules that must be followed when relocating with a child. For this reason, the safest course of action is to have a Florida family law attorney analyze your situation prior to your move and help you through the process.
At the All Family Law Group, P.A. we understand that family decisions, like relocation inside or outside the state of Florida, are about more than just the law. The goal of our family law attorneys is to ensure that you understand both the legal and practical implications of your decisions. If you or your spouse is considering relocation, contact our Experienced Attorneys & Counselors at Law since 1997 Serving all of Tampa Bay. Call 813-672-1900 now for a free initial consultation www.familymaritallaw.com. We can help you understand the law and develop a plan of action that is in the best interest of you and your child.
By Lynette Silon-Laguna Google