Paternity – Child Support and Timesharing

Parenting brings many pleasures as well as responsibilities. When parents are married to each other when the child is born, paternity is not typically an issue. However, when a baby is born to unmarried parents, paternity is not definite until it is established legally. If both parents agree, they can sign a form called a voluntary acknowledgment of paternity. This form, once properly completed and notarized, must be submitted to the court. If parents are not able to agree as to this solution, either parent may take the matter to court to establish paternity.

Establishing Paternity

The mother, alleged father, a legal representative, or the Florida Department of Child Support Services may start the legal process of establishing paternity. The process begins by filling out and filing a petition to determine paternity. When a case is started the court will order DNA testing for the mother, father, and child. In a situation where the child is not yet born, the case can be started but cannot be completed until after the birth. Once paternity is established the court may also make decisions regarding other issues such as custody, child support, visitation, and health insurance.

Paternity Rights and Responsibilities

Both parents have the right to spend time with their children, unless there is some situation preventing it. In addition to spending time with the children, parents are able to make important decisions regarding such things as medical care, education, and religion. Additionally, both parents must provide for their children. Under Florida law, when a paternity case is settled in court the judge has the ability decide issues related to custody and visitation. If these are not part of the order the mother has full legal custody of the child. For this reason it is important for fathers to take part in these proceedings and gain visitation and the ability to make decisions for the child.

Child Support and Timesharing

Once paternity is established it comes with obligations by both the mother and father.  Child support and timesharing are two separate issues that must be resolved either by the agreement of the parties or by order of the court.  A Parenting Plan must be filed in all cases involving children.   Furthermore, it is important to initially set up a timesharing arrangement that allows both parents time to spend with the child, as modification of a timesharing schedule may be difficult once a final judgment is entered.

Paternity Disputes

With today’s technology, paternity can be more easily established and is less likely to be wrong. Sometimes, fatherhood may be disputed. When this occurs it is usually necessary to seek guidance from a qualified paternity attorney. The court requires DNA testing be done according to strict standards and if not properly followed, the case could become lengthy and expensive. If you are not certain that you are the father of a child it is best to find out as soon as possible. You will be required to respond and provide proof in court, if the mother disputes that you are the father. These issues can be complex and emotional so they are best handled quickly and as early in the life as possible.

If you need to establish paternity or defend claims of paternity it is helpful to seek guidance from a qualified attorney. Contact the Tampa divorce 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+

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

When Does Child Support End in Florida?

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