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Florida Judge Discusses Family Law Issues Including Child Support

On behalf of The Law Offices of Cindy D. Sackrin posted in Child Support on Wednesday, November 11, 2015.

A Florida judge recently discussed child support, child support enforcement, child support modification and other family law issues, including paternity. The judge's talk was part of the local Law in the Library series. The judge commented on a variety of issues in the family law arena commonly important to residents of the local community and Florida.

Concerning child custody time-sharing and child support, the judge noted a shift in the law so that the number of nights a child spends overnight with a parent can influence a child support modification. The judge noted that, for instance, as the time-sharing increases for the paying parent, the less child support the paying parent may be required to pay.

In circumstances when parents share time with the children equally, child support calculations are based on the income of the parents, the respective number of overnights each parent has with the children, health insurance and uncovered medical expenses, as well as daycare costs. When child support is requested following a period of parental absence, the court is permitted to go back 24 months prior to the request for child support and the back child support owing will be paid in small amounts with the current child support owed each month.

The judge encouraged paying parents who wish to request a child support modification from the court to keep a calendar of overnight stays with their children for a period of six to eight months in preparation for the petition for child support modification. Concerning child support enforcement, the judge noted that the Florida Department of Revenue can assist parents with child support collection and enforcement efforts. The judge also noted that a child support attaches to nearly all types of income. The only way to alter a court order for child support is to obtain a child support modification order.

Concerning paternity, the judge noted DNA tests can easily and accurately determine paternity. The father's name on the birth certificate or a father's acknowledgement of paternity at the hospital establishes a legal relationship between the father and child when the child's parents are unmarried. Legal rights and responsibilities are created through paternity and child support orders which is why it is important for parents to be familiar with their legal rights and responsibilities through the family law process.

Source: The Gainesville Sun, "Judge addresses child support, paternity issues," Aida Mallard, Nov. 4, 2015

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