Obtaining Past Due Child Support in Florida After Children Become Adults

With regard to child support in the state of Florida, the general rule is that child support terminates when a child reaches 18 years of age.  However, the general rule does not apply when child support is still owed for any time prior to the child’s reaching adult legal status. Under these circumstances, the custodial parent generally retains the right to collect on the overdue balance owed.  In terms of procedure, to collect any outstanding child support payments, the custodial parent must obtain a court order.  Even if the debtor parent is not currently able to make the payments, a court order preserves the right of the non-debtor parent to make a claim on future money earned for back child support.  To ensure that a court order is properly obtained, custodial parents in Florida would benefit from retaining the services of an experienced Tampa Bay child support attorney.  

Florida Also Provides an Exception in Instances When a Child Of Legal Age Has Not Yet Graduated From High School

In addition to the exception concerning past due child support, Florida’s child support statute also contains a provision that extends child support until a child graduates from high school, if there is a reasonable expectation of graduating before his or her 19th birthday.  If no reasonable expectation then child support will terminate upon reaching his or her 18th birthday.

Florida Provides an Additional Exception for Children with Special Needs

Florida provides another exception for the custodial parent of a child with special needs.  If your child has special needs, and is incapable of ever becoming a self-supporting adult, then Florida will not terminate child support.  Under these conditions, the child support will be ordered to last for the life of the child.  Still, even under these circumstances, it is imperative that you follow the requisite legal procedures.  The child’s special needs status must be formally recognized via court order, whether through a first-time order or a later modification.  One last point on this issue is absolutely critical to understand: if you have not obtained a formal court order, even if your child has special needs, and the child reaches age 18 (thereby ending child support), you forfeit the right to reopen the case to continue child support.   

What to do If You Are Owed Past Due Child Support for a Child That Has Reached Adult Legal Status

Is your former spouse refusing to pay child support on the basis that your child is now of legal age?  Know your rights; just because your child has reached the age of 18, a debtor spouse can still be compelled to make good on past due child support payments.  Contact an experienced Tampa Bay child support attorney at All Family Law Group, P.A. by calling 813.902.3624 for a consultation at no charge to ensure that a court order is properly obtained. Doing so will preserve your right to collect on still owed child support in the future. 

 By Lynette Silon-Laguna Google

Don’t Believe the Hype: Collaborative Law Is Not Without Disadvantages

Collaborative law is an alternate form of dispute resolution in the family law context.  While proponents contend that collaborative law is both less expensive and more effective than traditional, adversarial law, it can actually drag out disputes in matters of divorce and child custody, thereby increasing costs.

The Facts About Collaborative Law

The first thing to know about collaborative law is that it is practiced outside of the courtroom.  The philosophy underlying this basic fact is that, by removing contentious issues from the inherently adversarial context of the courtroom, parties will be more inclined to put aside their differences and work together to compromise and find mutually agreeable arrangements.  However, this does not mean that the parties are without representation; separate attorneys are still retained by each.  After retaining separate legal counsel, the parties agree to several covenants that express the “let’s work together” spirit of collaborative law.  Among these covenants are agreements to treat one another with respect, to fully and honestly disclose all information and documents relevant to the disputed issues, and to shield any children who are party to the dispute from any adverse emotional impact.  However, as even proponents concede, these covenants are bound to ring hollow in many cases.

When Collaborative Law Is the Wrong Approach

Obviously, collaborative law, in its essence, is about working together.  This can be hugely problematic in the context of divorce, which, in its essence, is about ceasing togetherness.  It follows that collaborative law is at risk of sometimes being directly at odds with one of its principal aims: facilitating divorces.  Sure, it might work for the rare pair who can remain amicable through a divorce or child custody dispute.  But what about divorces in which the marriage has been devastated by infidelity, abuse, radical differences of opinion in child-rearing styles, or bitter disputes over finances?  It is these scenarios where a “let’s work together” spirit just isn’t realistic.  For those who delude themselves that it is, the cost can be significant.

The Cost When A Collaborative Law Approach Fails

While an attempt to resolve a family law dispute through collaborative law begins outside of the courtroom, it doesn’t necessarily end that way.  If the parties simply can’t reach an agreement, the collaborative law process ends, and the dispute shifts to the traditional courtroom setting.  Not only that, but the original attorneys are disqualified from continuing their roles outside of the failed collaborative attempt.  What does this mean for the parties?  You guessed it: more attorneys.  More attorneys translates to more costs – a reality that is certain to only further sour the dispute, and potentially make matters even more litigious than they would have been if the first attempt at settling the dispute was in the courtroom rather than the collaborative context.

Mediation Is Still Used In Traditional Family Law

Don’t be fooled into thinking that collaborative law is the only forum for alternate forms of dispute resolution.  Traditional family law, too, attempts to settle cases either prior to, or at mediation.  Finally, the past is the best indicator of the future; if you know a spirit of cooperation and compromise simply isn’t realistic, don’t waste time, money, and stress on an attempt at collaborative law that is likely doomed from the outset.

Other Alternatives

Are you considering a divorce? The family law attorneys at All Family Law Group will work towards settling your case in amicable manner with your spouse, if feasible. Call or email All Family Law Group at 813.902.3624 for a consultation at no charge with an experienced Tampa divorce lawyer to discuss your case.

 By Lynette Silon-Laguna Google

Divorce, Annulment and Separation in Florida

Florida is known for being one of the states with the highest divorce rates. The decision to divorce your spouse should be given much thought and consideration, and it is important to be familiar with Florida law regarding divorce and whether there are any other available options. It’s quite possible you will have a lot of questions that consider the possible grounds for divorce, whether or not you can get your marriage annulled, and even the specifics of a legal separation if you are not fully ready for a divorce. It is important to understand the difference between divorce, annulment and separation in Florida.

Divorce

According to Florida Statute, there are only two grounds for a divorce: the marriage is irretrievably broken or one of the parties is deemed mentally incapacitated. A judgment of dissolution of marriage cannot be granted on any other basis.

An irretrievably broken marriage exists is when you and your spouse agree that the marriage is broken and there is no possible way of fixing the marriage. If there are no minor children and the spouses do not deny the marriage is irretrievably broken, the court will enter a judgment for dissolution. The process is different if there is a minor child born in the marriage and/or the spouses deny the marriage to be irretrievably broken.  Under either circumstance, the court can do any of the following:

-          Order the spouses consult with a marriage counselor, psychologist, etc;

-          Provide a length of time, not to exceed 3 months, to allow the spouses to reconcile; or

-          Take any other action that may be in the best interest of the parties.

Keep in mind that the court has the discretion to deny the request to dissolve the marriage if the court does not find the marriage is irretrievably broken; however, it is very rare that a divorce will not be granted even if there are children or the other party does not agree to it.  The court in most cases will accept one party’s claim that the marriage is irretrievably broken.

Mental incapacity is the second grounds for divorce, but there is a very important accompanying limitation. A dissolution of a marriage will not be granted unless the alleged mentally incapacitated spouse has been adjudged as incapacitated for the prior three years. 

Annulment

An annulment is an order to terminate a marriage because the marriage is void. Unlike a marriage where the request to dissolve is not based on the validity of the union, an annulment questions whether the marriage was every valid to begin with. Florida case law provides that a marriage can be annulled when a person was under the qualifying age. If parental consent is never obtained, then that is grounds for annulment. Also, a marriage can be annulled for mental incapacitation or if one or both of the parties were under the influence, and thereby unable to provide valid consent. Physical inability to consummate the marriage or consent of marriage through fraud or deception is grounds for annulment, as well. Many parties seek a divorce over an annulment because Florida statutes specifically provide a step-by-step procedure for divorce. And since annulments are governed by common law court rulings, it can be difficult to establish the burden of proof and adhere to the court proceedings.

Separation

Unlike other states, Florida does not allow spouses to file for legal separation, which is an arrangement between the spouses to remain married but live apart. However, there are ways a person can achieve a similar result while utilizing a different avenue.

Partner with a Tampa Bay divorce attorney at All Family Law Group, P.A. to get effective solutions to your family law issues. Call us to discuss your situation at 813-672-1900 or contact us online for an initial consultation at no charge.

 By Lynette Silon-Laguna Google