How is child support calculated? Child support is calculated based on a formula established by the Florida Legislature in Florida Statute Section 61.30 (called child support guidelines). The first factor that must be established is how many overnight visits each parent has with the child(ren) and how many children you have with the other [...]
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I’m often asked what the difference is between a divorce and an annulment. A divorce dissolves the marriage between the Husband and the Wife. An annulment is to judicially declare that a valid marriage never took place. For an annulment to take place, the marriage has to either be void or voidable. There’s no specific [...]
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If a child is born out of wedlock, Florida considers the mother the natural, legal custodian of the child, even if the father signs the birth certificate. In order for a father to obtain parental rights over his child born out of wedlock, he needs to file a Petition to Determine Paternity with the family [...]
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Many people are under the misconception that child support must be paid throughout college or until a child turns 21. While this is true in other states, in Florida, child support terminates when a child turns 18. However, if the child is still in high school with a reasonable expectation of graduating on time, then [...]
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I’m often asked at what age a child is allowed to testify in court as to which parent the child wants to live with. Unfortunately, in Florida there is no clear cut answer to this question. For a child to testify in court, especially as to which parent the child wants to live with, a [...]
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Many people are under the misconception that there is a formal “legal separation” that can be filed with the courts instead of filing an actual divorce. There is no formal legal separation in Florida, unlike many other states, even if one spouse moves out of the marital residence (marital residence is generally defined as the [...]
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Debts that qualify as domestic support obligations are automatically excepted from discharge in bankruptcy cases (including Chapters 7, 11, 12 and 13). This includes alimony and child support as long as it’s paid pursuant to a court order. While other debts may be dischargeable in a bankruptcy case, alimony and child support are secure.
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I am often asked if child support is something that can be waived or agreed to between two parents. In Florida child support is considered money for children and a parent doesn’t have the authority to waive child support. Child support in Florida is calculated by a formula (called the “Child Support Guidelines”) which takes into [...]
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