The Importance of Establishing Paternity in Child Custody and Support Cases

It seems almost self-evident that children thrive more in homes that have mothers and fathers in place to support and guide them. Ideally, all children would have the chance to live with both parents in a loving environment, but reality is often much harsher. Couples cannot always stay together, and marriage does not automatically guarantee happily ever after. For children born to unwed parents, the situation is complicated by the fact that unmarried men are not assumed to be the father of a child born to their partners. This gap in legal recognition can create problems when it comes to child custody and support issues. All legal parents have rights and obligations over their child, but without this designation, there is no way to exercise or enforce these legal measures. Florida law has several options available to prove a child’s paternity, some of which are voluntary and others that can occur on an order from a court. If the mother wishes to seek child support, or the father wants to secure visitation, paternity must first be established. Consequently, this issue is of critical importance to the wellbeing of the child.

Acknowledgement of Paternity

The simplest and easiest way to establish paternity requires the parents to file an acknowledgement of paternity with the Florida Department of Health, Office of Vital Statistics. This form must be signed by both parties in front of two witnesses or a notary public. Filing this form creates a legal presumption that the man signing it is the child’s father, and is assuming all the rights and responsibilities of a legal parent. Either party has 60 days from the time the form was signed to rescind this acknowledgement. After this time, it can only be challenged in court on the basis of fraud, duress, or mistake, which is very difficult to prove.

DNA Testing

If the alleged father is challenging paternity or refuses to take responsibility for the child, it may be necessary to obtain a DNA test to confirm paternity. If the mother is just seeking child support, and the alleged father has no interest in participating in the child’s life, the Department of Revenue will assist with genetic testing without the cost of going to court. If, however, the father wants an active role in the child’s life, the paternity dispute would need to be settled in court. The judge would order the mother, alleged father, and child to submit biological samples to a qualified laboratory for analysis. Results that state the statistical probability the man is the father by 95 percent or higher creates a presumption of paternity that can only be challenged with additional testing. Once paternity is established, the mother can petition the court for a child support order, and the father would have right to ask the court for custody and visitation rights.

Putative Father Registry

Finally, if man believes a woman is pregnant with his child, but they are unmarried, and he is worried she will give the child up for adoption without his knowledge, Florida has a registry he can access to preserve his rights. The Florida Putative Father Registry allows the unmarried man to add his name to registry, which means he is claiming paternity, so that he preserves his right to receive notice of any impending adoption. With this information, the man can oppose adoption and seek custody of the child if he so desires. Importantly, he can claim paternity at any time before the child’s birth, but this right terminates once a petition to terminate parental rights is filed.

Get Help

Whether you need to establish paternity for child support purposes or to claim parental rights, work with a family law attorney on this issue to ensure your legal rights are fully protected. The All Family Law Group, P.A. in Tampa is highly experienced in these matters, and can advise you on your options.  Contact the Tampa divorce attorneys and family lawyers at All Family Law Group, P.A. in Tampa Bay at 813-816-2232 for a consultation at no charge or email us.

By Lynette Silon-Laguna Google+

What Amount Child Support Can I Expect to Receive?

Recently, divorcing couple Kenneth Griffin and Anne Dias Griffin of Illinois gained some measure of notoriety after Dias Griffin’s recent court filings were made public. Those filings include a request from Ms. Dias Griffin for over $1 million per month in alimony and child support to support herself, the couple’s three children, and four nannies. The request includes $300,000 for a private jet, $160,000 for vacation accommodations and hotels, $60,000 for office space and a professional staff, and $14,000 for groceries and meals. (Each of these amounts represents monthly amounts requested.) Lawyers for Mr. Griffin claim that Ms. Dias Griffin had unsuccessfully attempted to obtain a similar amount as an alimony award and is now attempting to obtain the amount as a child support award.

Can I Get $1 Million in Child Support?

Most divorced parents who are the primary caregivers for their children do not expect $1 million per month in child support. But some such parents depend on the monthly child support check in order to make ends meet for themselves and their families. Budget-conscious and newly-divorced parents in particular may be unfamiliar with how a Florida court establishes a child support order.

Courts in Florida are required to follow the Florida Child Support Guidelines when calculating a child support order. These guidelines direct the court to consider the net income of the parents as well as the number of children and the healthcare and childcare costs of the child. Florida law sets out a formula that must be used by the court to calculate the child support amount based on this information. The resulting child support amount is a presumed amount, meaning that a court is obligated to order that specific amount unless special circumstances exist. If no such special circumstances exist, the amount is presumed to be enough to support the parties’ children.

What if the Presumed Amount is Not Enough to Cover My Child’s Expenses?

Sometimes the costs of raising a child are greater than the presumed amount of child support. For instance, a child with a medical condition may require routine and expensive procedures or medicines. In such cases, the parent providing care for the child can ask the court to award more support than the presumed amount. A court is able to do so only if it makes specific written findings that show why the court believes the presumed amount of child support is not enough to provide for the care of the child.

We Can Help You Make Sense of Florida Child Support

There is no such thing as a “typical” child support calculation, as each calculation needs to take into account the specific situation of the parties. The experienced divorce and family law attorneys at All Family Law Group can evaluate your particular facts and circumstances and help you understand what child support amount is presumed in your case. Where this presumed amount is inadequate, we will aggressively fight for the child support you need to provide for your children. Contact our offices in Tampa Bay at 813-321-3421 for a consultation at no charge or email us.

By Lynette Silon-Laguna Google+

Modification of Child Support in Florida

If you are paying or receiving child support, then it is important for you to know that if you or the other parent has a substantial change in circumstances, you must file a Supplemental Petition for Modification of Child Support immediately upon the change. This applies to those who are residing in and out of Florida and have a Final Judgment or subsequent Order in Florida to pay child support. The reason for this is because any change in the payment will be retroactive to the date filed. So your child support will continue as it is currently ordered until the date a Supplemental Petition is filed regardless of the change in circumstances. You will, however, have to continue to pay the prior court ordered child support until an order has been entered modifying it, if any. The modified order will take into consideration that you have paid more or received less than the change of circumstances would warrant under the guidelines from the date the Supplemental Petition was filed to the date the order is entered.

In general, factors for modification of child support if you are the payee are as follows:

1. Your income has decreased or you have lost your job since the original order was entered. The decrease in pay or loss of job must be involuntary, so voluntarily reducing your income and changing jobs would not qualify. The Florida Child Support Guidelines in the Florida Statutes, Section 61.30 (1)(b), states that"... it may provide the basis for proving a substantial change in circumstances upon which a modification of an existing order may be granted. However, the difference between the existing monthly obligation and the amount provided for under the guidelines shall be at least 15 percent or $50, whichever amount is greater, before the court may find that the guidelines provide a substantial change in circumstances.”

2. The other parent's income has increased substantially so that a change in the guidelines would be at least $50 or 15 percent of the current guidelines amount. The reason for this is because each parent owes a percentage of the total child support obligation depending on his or her income. If the other parent's income goes up, then his or her percentage of the obligation goes up and yours goes down.

3. The cost of the children's health insurance was included in the child support guidelines worksheet originally and the health insurance is no longer available.

4. The cost of daycare was included in the child support guidelines worksheet originally and the child is no longer in daycare. For this reason, we normally advise that daycare be separate from the child support guidelines if agreed upon by the parents, so that a modification is not necessary.

In general, factors for modification of child support if you are the payor are as follows:

1. Your income has decreased substantially or you have lost your job and the change in the child support obligation is sufficient to warrant a modification.

2. If the other parent's income has increased substantially and sufficiently to change the child support obligation pursuant to the statute.

Go to the following link for more information if you are paying through or your income is being deducted by the Florida Department of Revenue:

http://dor.myflorida.com/dor/childsupport/modification.html

www.familymaritallaw.com

Article By:  Lynette Silon-Laguna Google+