Child Support Calculator Florida 2012 Split Custody
Orlando Divorce Lawyer We Share Custody Can We Waive Child Support
My spouse and I agreed to share custody of our child 5050. Can we waive child support I'm Steve Kramer. I'm a Florida family law and divorce attorney. Child support in Florida is considered the right of the child. Now, we calculate child support by figuring out how many nights the child spends with each parent, and then calculating the income, and then through that formula we figure out how much child support is generally ordered. So an example would be if you each have the same income and you have 5050 sharing of.
The child, well, there might not be any child support there. Whereas, even if you have 5050 timesharing and one of you makes more than the other then there's going to be child support. Or let's say you have the same income but one of you has the child 80 of the time. Well, again child support is going to be ordered. Again, if you have roughly the same income and the child is shared 5050, you can waive child support that's an option. It's important for both of the parents to fill out a financial affidavit and basically.
My ex is not paying me my Florida child support Can I withold parenting time
My ex is not paying me child support can i withhold parenting time hi I'm nydia streets your child support lawyer with vari and associates of downtown miami if your ex is not paying child support that he or she is ordered to pay to you you cannot withhold time sharing or visitation with that parent under florida law the duty to pay child support and the right to visitation or timesharing are mutually exclusive so that means that one is not dependent upon the other so it works both ways just as if the.
Time sharing weren't happening the other parent could not decline to pay child support you cannot withhold time sharing based on the other parent not paying child support the appropriate thing to do when the other parent is not paying child support that's court ordered is to seek to have that parent held in contempt of court by filing a motion for contempt in which you can seek to have your attorneys fees paid and other sanctions levied against the parent such as suspension of their driver's license and other uh. inconvenient things to prompt them to pay the child support.
My child lives with me now. How do I modify a Florida child support order
I'm a noncustodial parent but my child lives with me now can i change the child support order hi I'm nydia streets a child support lawyer with vari and associates in downtown miami if you are a noncustodial parent and then your child comes to reside with you primarily and you become the custodial parent you do have a right to seek a modification of any child support order in place at the same time you should seek a modification of the time sharing or custody order in place so that there is a court order entitling you to have majority custody.
The reason for that is because if the other parent comes and says that you are wrongfully withholding the child or keeping the child from them you have to follow what court order is in place so at the same time that you seek a modification of your child support you should also seek a modification of your time sharing or custody for that reason if you have majority time sharing based on your incomes depending on what the incomes are you are very likely going to see a major decrease in your child support obligation.
Or it will become a situation where the other parent is going to have to pay you child support now so it's important that you go through the courts that you have the right legal representation to help you do that so that you don't end up either having to pay arrears to the other parent who maybe will not be truthful and tell the court that you have actually had the child all this time um and you also don't want to be paying child support to the other parent if that.
What Happens If I Fall Behind on Child Support or Spousal Maintenance Payments
Amanda Szpakowski My name's Amanda Szpakowski. I am the family law legal assistant here at the Bornmann Law Group. I specialize in anything family lawrelated custody, visitation, father's rights, anything family law. If someone was to fall behind on their child support or spousal maintenance, what we could do is we would usually file a petition to enforce the child support or spousal maintenance. If they are behind, it goes into what's called arrearages, and they're required to pay those as well. If someone is extremely behind in child support and spousal maintenance, it can result in incarceration.
Orlando Family Law and Divorce Attorney ExHusband Takes Child What can the Wife do
I'm Steve Kramer. I'm a Florida family law and divorce attorney. And I want to tell you a story about a client of mine. I represented her and we were in the middle of a divorce. And we actually just mediated and we settled the case and she entered into a parenting plan with the husband. And immediately after that almost a couple days later he disappeared with the child. Basically kidnapped the child, disappeared, cut off all communication. She couldn't get a hold of him she's beside herself in our office, baring her soul.
just really in despair. And the question is what do we do What do you do in a situation like that Here's what we did. We actually filed what's called an emergency motion with the court. And we asked the court to enter what's called a pickup order. And that's an order for the police to actually pick up the child and return the child to the custody of the mother. And generally in Florida, we don't have a custody. But in a situation like this, where one of the parents disappears with the child and he's totally.
Incommunicado which is a fancy word for you can't get a hold of him, then the court can resort to measures like this to make sure we get the child back where the child is supposed to be. And to make sure that the other parent doesn't disappear and kidnap that child. Now, it worked out well for my client. We were able to get the child back and then actually later we were able to go in front of the court and address the husband's conduct with the court and there was some consequences for the husband relating to that. But if you're.
Dealing with a situation like this, first thing is don't panic. Alright You can't panic because sometimes there are alternate explanations that can explain what's going on and we don't want to jump to conclusions. So let's make sure we get the facts and the evidence in front of us before we make a decision, because that's an X factor here. We don't want to file what's called an emergency order unless it's an actual emergency. Because if it's not, you've destroyed your credibility in front of a court. And sometimes the court will no longer look at you the same way and sometimes they'll.
Tell you you can never file an emergency order with that court ever, ever again. Because you broke the rules, because you cried wolf essentially. So we want to make sure we have everything in front of us, all the evidence. That we do the emergency order the right way and we make sure it's actually an emergency. And then that we have the proper follow through, that we make sure that we coordinate with law enforcement and try to resolve it peacefully in a way that doesn't involve law enforcement if possible. And I'm telling you this because.
Orlando Family Law Attorney What Can You Do if You Have A Child but Are Not Married
What do you do if you have a child and you're not married I'm Steve Kramer. I'm a Florida family law and divorce attorney. Now we're going to look at situation where maybe you and your ex have a child together but you broke up and now you don't have any kind of timesharing schedule set up. You don't have any custody arrangements established. There's no paternity or child support set. The question is what do you do And there's two options. One is you can file a paternity claim and that's basically where you go.
To court and you ask the court to establish that you or your ex is the parent of the child. And the other option is you can go to Child Support Enforcement with the state of Florida and ask them to establish child support for you. Now, if you go ahead and file a paternity action this is going to allow you to establish a parenting plan. And a parenting plan basically sets forth how you're going to raise this child. Everything how you deal with school, how you deal with medical issues, who's responsible for what, the amount of child.
Support, where the child spends their time, everything. If you go to the Department of Revenue for Child Support Enforcement, first off you may need to meet certain financial criteria. You may have to show that you're indigent or be receiving benefits from the state of Florida. But if you do that, they will go ahead and they will argue for paternity and they will argue for child support. What they won't argue is a parenting plan and this is an important note because a parenting plan can have a direct impact on the amount.
Of child support. Meaning if you each have the child 50 of the time and you each make about the same amount of money, child support is going to be virtually minimal. But if one of you has the child 80 of the time and the other has the child 20 of the time, child support is going to be awarded to a much higher degree for the person who's got the child most of the time. So that parenting plan can affect the child support. And if you go to.
The Department of Revenue for Child Support, they may get you child support but they're not going to set forth the parenting plan and that can impact child support. And I'm telling this because a lot of people are in this situation where they may not be married but they share a child in common with somebody else. And we deal with these issues all the time. If you have any questions, I'd be glad to talk with you, discuss your case, look at the situation. I deal with this stuff every day. I'm Steve Kramer, thanks for.
What is a Motion for Modification of Child Support Seattle Family Law Attorney Eric Engel Discusses
What is a motion for modification of child support Hi. I'm Eric Engel, a Seattle divorce lawyer with the Engel Law Group here in Seattle, Washington. A motion to modify child support is a formal request by one party, usually to get more money or to get more child support from you. Now in Washington state, you have 3 different ways you can file for a modification for child support. In other words, you can increase your child support or decrease your child support. Those 3 ways are by motion for modification, a petition for modification,.
And by agreement of the parties. All 3 are fundamentally different. A petition is a formal action in which you're allowed to conduct discovery in other words, you're allowed to find out what your opposing party is making. A motion is more limiting. You already know what the other party is making and you're just making the court to make a determination of what the new child support should be. And then there's by agreement, which is relatively simple because the parties agree. So it's relatively easy to get the court to enter.
Orlando Divorce Lawyer Wife Filed Domestic Violence Injunction Do I Have to go to the Hearing
My wife filed a domestic violence injunction against me. I don't want to see her anyway, should I even bother showing up to the hearing I'm Steve Kramer of the Kramer law firm. I'm a Florida family and divorce attorney. This is something that comes up in family cases a ton. Domestic violence injunctions are a repeat occurance in family cases. And sometimes they're warranted because there is domestic violence and sometimes they're used as a tool in the case. What you have to understand is a domestic violence injunction is a serious issue. Having an injunction entered in against you can affect you very negatively.
And will affect your right to bear arms, and you will have to surrender your firearms immediately. It can affect security clearances. It can affect future job searches. It can affect background checks. It can have all kind of implications on your future and you need to take it seriously. The other thing that can happen is that in the domestic violence injunction if you have children that the court can enter an order establishing your contact schedule with the children. So even though you think it's about seeing your wife, you may wind.
Up having a limitation of how often you can see your children. Or you may wind up having to see your children under supervised visitation at a family center, where they watch over you and don't trust you to be in a room with your child. These are really, really serious matters and you have to, you have to take them seriously. And you should defend them aggressively. And if you're trying to get an injunction against your husband or wife because they've been violent towards you, it's also a good idea to have an attorney.
Because it's an issue that's complex. It's actually going to be a full hearing where peoplke are going to testify. Just like a trial, there is going to be testimony from witnesses, there is going to be a judge up there. At the end of all that testimony, when everybody has had their say, when all the witnesses have testified, the judge is going to make the judge's decision and you may or may not like it. But you're probably going to like it more if you've got a skilled, experienced family attorney with you. And.
How Does an Affair and Adultery Affect a Divorce in Ontario
How does adultery impact your separation or divorce in Ontario Hi, I'm Brian Galbraith. I'm the owner of Galbraith Family Law Professional Corporation. We're a law firm of divorce lawyers with offices in Barrie, Orillia, and Newmarket. Adultery has a huge impact on marriages. Usually, marriages end as a result of adultery. If you are the victim of adultery, you may feel deeply hurt, angry, or humiliated. You may not feel you can trust your spouse and may not be able to trust anyone for a period of time. Your selfesteem may be deeply damaged. If you're the one who committed adultery,.
You may be feeling guilty, regret your conduct, or just want this whole process behind you. It's a very difficult time for everyone involved. In Ontario, from a legal point of view, adultery is not a factor to be considered when resolving the legal issues. It won't be considered when determining the proper level of child support or spousal support, determining the division of property, or any equalization of property. Adultery will not impact how custody and access arrangements or parenting plans are determined. We have what we call a nofault system in Ontario. This isn't the case everywhere in.
The world, but this is the reality in Ontario. Of course, adultery may have a huge impact on how you feel and how you are able to negotiate the legal issues, but it's not to be taken into consideration when determining custody, access, child support, spousal support, or issues related to property. If this tutorial has been helpful, give it a thumbs up or like it, and you can share it with a friend or colleague. If you'd like to have some help resolving the issues related to your separation or divorce, first go to our website, which is galbraithfamilylaw.
What is Spousal Maintenance Seattle Family Law Attorney Eric Engel Explains the Concept
Hi. I'm Eric Engel, Seattle divorce lawyer with the Engel Law Group in Seattle, Washington. I was once involved in a Seattle spousal maintenance case. Now spousal maintenance is in when one party is required to pay money to the other side. For example, a husband is required to pay the wife a monthly amount in order for her to pay her bills. That's caused spousal maintenance. Now, in this case what was interesting about the case is although they had a 401k, they didn't have any ready cash. And in this case, my client didn't have a monthly.
Income at all to pay the other party. Now unfortunately for him, he did have a long history of earning almost $200,000 dollars a year. But we were able to show at trial that since he did not have an income and was not able to currently pay her spousal maintenance that he shouldn't have to pay her spousal maintenance. And in fact, the judge even used our own words telling us Well, you can't squeeze blood from a turnip. So I'm not going to order the husband to pay spousal maintenance. Why am I telling you this.
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