Child support obligations, on the one hand, and the failure to fulfill them, on the other, are among the biggest sources of conflict and resentment among divorced couples. Florida has laws to protect the rights of the parent ordered to pay child support and the one who receives child support payments on behalf of the…
Continue reading ›Although 401K accounts and IRA retirement accounts are generally protected from creditors, they may not have the same protection against an ex- spouse regarding the payment of alimony or child support arrears. Stated another way, if you are owed either alimony or child support, do you have a right to collect the monies owed from…
Continue reading ›Do you have a divorce case, a paternity case, or a supplemental petition for modification of alimony or child support pending before the court? If you have answered yes to this question, you need to be sure that you have “clean hands” when you proceed to court with your case. What in the world…
Continue reading ›The rate at which alimony and/or child support arrears are repaid is largely dependent on whether or not an income withholding order has been previously entered in the case. If an income deduction order or income withholding order has been entered, Florida Statute 61.1301(1)(b)(2) mandates that any arrears must be repaid at least at the rate…
Continue reading ›Paying child support in a timely fashion is important; not only is it important to the well being of your children, it is also important to your continuing freedom. Although the Florida Constitution prohibits one from being imprisoned for a debt, the constitution will not protect you from being imprisoned as a result of non…
Continue reading ›A modification of child support, or alimony as well, is based upon an unforseen, involuntary, permanent and substantial change in circumstances. Florida statute 61.14 provides the statutory basis for a modification of child support and alimony. If the court, after entertaining a petition for modification of support, either upward or downward, finds that there was…
Continue reading ›The payment and collection of child support in Florida as well as around the country is not always an easy process. Its surprising to see all the stories in the media today, which deal with individuals in the “public eye” who are not paying their child support. For example, the gold medal champion, Gabby Douglas,…
Continue reading ›Child support is designed to cover the basic necessities of life for a minor child, such as food, clothing and shelter. Every state has “Child Support Guidelines in place, and Florida is not excluded. Florida Statute 61.30 deals with the support of minor children, and includes the child support guidelines adopted by the Florida legislature.…
Continue reading ›Is anyone exempt from paying child support? The answer is clearly NO. Each parent has a responsibility to support their children, not just one parent. This is even true if one parent is wealthy, and the other parent is down and out. Remember the television show, Jon & Kate plus 8? This situation exemplifies the…
Continue reading ›Child support payments for a child in Florida is an extremely protected right. The state of Florida has imposed significant penalties against those who choose not to pay child support, including the loss of driving privileges, the loss of professional and other business licenses, and the loss of freedom.. Prior to the imposition of penalties…
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