Florida Family Lawyer Blog

In Florida, both parents have a legal duty to support their child, before and after divorce. However, when a marriage ends in divorce and children are involved, child support issues may arise. For whatever reason, whether it be out of spite, economic hardship, or ignorance of the child support order, there exists a real possibility that child support may not be timely and adequately paid. If your former spouse has failed to pay child support, there are a variety of enforcement mechanisms available to you.

Any time a former spouse has failed to pay child support, the first thing you want to do is notify the former spouse in writing as to their failure to pay. If the former spouse continues to be delinquent in their payment of child support the next step is to contact the Florida Department of Revenue at State of Florida Child Support Enforcement Website. They have numerous methods to enforce payment of court ordered child support including the following:

Suspension of Licenses: A teaching certificate or professional license may be suspended or denied because of a delinquent child support obligation. Other licenses or registrations, like fishing, driving, and hunting licenses may also be suspended or denied because of a delinquent child support obligation. If this remedy is employed, the license may only be reinstated when the delinquency is paid, a written agreement is reached, or a court grants relief.

Liens: Noncustodial parents who owe past-due support may have liens placed on their property by the Department of Revenue. If the past-due support is over $600 a lien may be placed on the obligor’s motor vehicle.

Intercept/Seize Assets: Unemployment compensation benefits may be intercepted to collect delinquent child support being enforced by the Department of Revenue. The Department may also intercept federal income tax refunds to obtain payment of past due child support. Furthermore, a Florida lottery prize of more than $600 can be transmitted to the Department when outstanding child support is due.

Contempt of Court: If a noncustodial parent does not pay his or her support on time, it violates the court’s support order issued after the dissolution of the marriage, and a judge can find the noncustodial parent in contempt of court. The judge may require that parent to pay the money owed. If he or she still fails to pay, the noncustodial parent may go to jail.

In addition, for more direct and timely action without having to deal with the sometimes slow bureaucracy of government, you can hire an attorney and they can file a Motion for Contempt/Enforcement of Child Support Order.

For whatever course you deem appropriate, it is recommended you attain a family law case history of your matter. This will detail the terms of the child support order and the payment history for your case. To attain a family law case history, simply contact the clerk of the court for your county, ask for the family law division, and request a family law case history.

For more information about enforcing your spouse’s delinquent child support payments, contact an attorney.

Posted by Bradley H. Trushin | Permalink | Email This Post

Posted In: Child Support , Divorce

Bookmark:

After a divorce, the parent (father or mother) who is not living with the child is the noncustodial parent. Both parents, however, have a legal responsibility to financial care for the child. The custodial parent is the father or mother or caretaker with whom the child lives and is responsible for the child's basic needs.

Posted by Koch & Trushin | Permalink | Email This Post

Posted In: Child Custody , Divorce , Glossary of Terms

Bookmark:

The payment of child support in Florida and the right to visitation of your children are not reciprocal rights, just because a spouse fails to pay court-ordered child support does not mean the spouse with primary custodial rights can simply withhold visitation as a punishment for the other spouse’s failure to pay child support. In Florida, parents must comply with court ordered visitations.

Picture this – you are a divorced woman, you have a son who is 10 years old, you collect child support and alimony from your former husband whom you share visitation rights with. One day, your spouse decides to stop paying child support. What do you do? I know your first instinct may be to withhold visitation rights until he pays up, right? WRONG! Although this may seem perfectly logical and may actually induce payment in some situations, in Florida, this is strictly prohibited. Don’t fall into the trap, or the court may order the custodial parent to pay reasonable court costs and attorney's fees incurred by the noncustodial parent to enforce their visitation rights or make up improperly denied visitation.

Other sanctions the court may impose on a custodial parent for failing to abide by a court-ordered visitation schedule includes: 1) You may be ordered to attend parenting classes; 2) You may be required to conduct community service; 3) You may be ordered to pay the travel costs of the non-custodial parent if they reside further than 60 miles away; 4) The court may alter the custody arrangement changing rotating custody, the primary residence of the child, and even alter primary custody of the child upon a petition by the noncustodial parent, only if such a ruling is in the best interests of the child; or 5) You may be ordered by the court to undertake some other type of sanction left to the discretion of the judge.

The lesson to be learned is, don’t upset the apple cart! In Florida, by withholding visitation from a non-custodial parent, even if that parent has failed to pay child support, you are exposing yourself to a number of potential sanctions that will cost you more money, may result in spending more of your time, and may also result in a reduction in your own child visitation rights.

I know what your thinking – HOW UNFAIR! And you may be right, but there are numerous remedies in Florida for deadbeat parents. We will discuss such remedies in our next entry. Stay tuned!

For more advice on the appropriate steps to take consult with an attorney.

Posted by Douglas Schapiro | Permalink | Email This Post

Posted In: Child Custody , Divorce

Bookmark:

In today’s society, prenuptial agreements get a bad rap. When we hear “pre-nup,” we think “Oh no! Another celebrity marriage is ending.” However, prenuptial agreements, also known as antenuptial agreements, may be a useful way to establish the rights and liabilities upon the termination of a marriage by death or dissolution. Here is a sample prenuptial agreement. A dilemma arises because of the implicit question of distrust which may be aroused by entering into an agreement contingent upon the break-up of the marriage. This dilemma is made even worse when typically, a prenuptial agreement is made at a time in a relationship where a couple is at their happiest and most blissful stage of their relationship, right before the wedding.

Given this dilemma, how does one bring it up without causing your spouse to starting questioning the strength of your relationship? Even though it may be difficult to approach the subject it may be very necessary to do so. There are circumstances in which prenuptial agreements are critical, for instance, when the rights of children from a prior marriage are at stake or when there is a vast disparity in the financial resources of parties.

In crafting a prenuptial agreement there are certain consideration to keep in mind:
The right circumstances. The facts and circumstances surrounding the execution of a premarital agreement may compel a court to set it aside. An example of this includes if it was executed days or hours before the wedding, after all the wedding and honeymoon plans have been made. The court may construe such circumstances as coercive and later invalidate the prenuptial agreement.

The right agreement. If you want to enter into a prenuptial agreement, the best plan of action would be to diligently disclose all your assets and liabilities as part of any agreement. This would mean attaching a schedule that disclosed all your assets. Florida statutes do not require you to disclose your assets if you enter into this agreement before you get married, but divorce courts will not enforce premarital agreements when there is no financial disclosure.

Guidelines for your agreement. Things to ask yourself: Is the agreement fair and reasonable in consideration of the relevant factors at the time the agreement was executed? Was there full and frank disclosure of all assets, or at least a general approximate knowledge of the extent of the property ownership? Was the agreement entered into voluntarily (each party should have independent counsel to help support their considerations and avoid conflict of interest)? A waiver of alimony cannot be modified. A husband cannot be released from his obligation to support his wife as long as the marital relationship exists. Child support usually cannot be waived by either spouse. Make sure it’s a valid agreement: it must be written, signed, and acknowledged before two witnesses.

If you have any concerns about drafting a prenuptial agreement or your prenuptial agreement, please contact an attorney.

Posted by Daniel Louis Koch | Permalink | Email This Post

Posted In: Divorce , Prenuptial Agreements

Bookmark:

Most divorces tend to focus on the “blame game.” For example, “My spouse cheated on me!” or “My spouse has deserted me!” All you have to do is look at the headlines in the newspaper. Most stories focus on the adulterous affairs of a celebrity spouse. Does Christie Brinkley or A-Rod ring a bell? Yet, is the question of which spouse had the affair relevant for the purposes of filing for divorce?

In some states, there must be a legitimate reason to file for divorce. Florida takes a different route, neither spouse needs to be at fault for a dissolution of marriage proceeding to be initiated. Florida is a no-fault state, and unlike other states, in Florida there is no waiting period to initiate proceedings when fault is absent.

As long ago as 1948, the Florida Supreme Court recognized the wisdom of divorcing husbands and wives who no longer wished to remain married to each other, regardless of fault. In Florida, if you want a no-fault divorce, you must assert that it is “irretrievably broken” and the to test is determine whether the marriage is irretrievably broken, for whatever reason or cause – no matter who is “at-fault” – is whether the marriage relationship is no longer viable.

The court will also look at other factors. Is reconciliation impossible? Whether as a matter of fact, has the marriage ceased to exist? If you want a divorce in Florida, the court considers your state of mind above all else. Common reasons that have been accepted by the court include: no love, no companionship and no home life which have caused parties to drift apart or simply make the couple unsuitable for each other. In fact, stating “I don’t love him or her anymore and I don’t want to stay married” should be enough evidence for the court.

But beware! Although fault of one party is not needed for the dissolution of the marriage itself, it is a factor the court may consider in determining alimony, equitably distributing marital assets and liabilities, determining parental responsibility, and awarding attorney’s fees. So, although fault isn’t important to start a divorce proceeding, it may be important when the marriage is over.

For more advice on filing for divorce, or divorce in general, please contact an attorney.

Posted by Douglas Schapiro | Permalink | Email This Post

Posted In: Divorce , Equitable Distribution

Bookmark:

A recent article has stated:

“When couples undo their "I do's" and go their separate ways, women who took their husband's name when they married may find themselves with complex decisions to make. These involve children, parents, careers -- and a sense of identity.”

Marilyn Gardner, Christian Science Monitor, Friday, June 13, 2008. See the article "After Divorce, A New Name Symbolizes a New Life." During a divorce, the last thing a wife may think about is her maiden name. But when it’s over, it’s one of the first!

In Florida, a wife may seek a restoration of her maiden name or a former married name in a dissolution of marriage proceeding. The request for change of name must be alleged in the wife's pleadings. If the wife fails to make the allegations, she must seek leave of court to amend her pleadings, which in Florida, is liberally granted.

The easiest and most time-saving way for a wife to change her name is to include it with a divorce. It not only saves time, but it also saves money if she wishes to restore her former name. Because a wife takes the husband’s name, she is the only party in a divorce who can request that her maiden name be restored. However, there is no reason why a woman’s failure to assert the right upon her marriage would prevent her from doing so later.

For more information on restoring your maiden name during a divorce, contact an attorney.

Posted by Koch & Trushin | Permalink | Email This Post

Posted In: Divorce

Bookmark: