Child Support

  • Can the State Harass Me Over Child Support After a Chapter 13 Bankruptcy?

    ByGoodblatt • Leo Hours Categories Bankruptcy, Child Support, Family Law

    When you file for bankruptcy, the automatic stay goes into effect. This is a stop on all debt collection attempts from your creditors. It is meant to give you some “breathing room” as you work through the bankruptcy process. There are two notable exceptions to this stop: collection attempts for child support and collection attempts for alimony. If you are delinquent in your payment of either of these orders, the state is authorized to take actions to collect the money you owe. These actions can include wage garnishment and seizure of your tax return or lottery winnings.  It is Not Harassment; It is the State Ensuring your Children are Supported The reason why the automatic stay does not halt child support and alimony payments is…

  • Can the Court Make me Pay for my Adult Child’s College Education?

    ByGoodblatt • Leo Hours Categories Child Support, Divorce, Family Law

    A couple’s divorce settlement can cover many topics. If the couple has children, a few of these can pertain to their continuing care and support, even after they become adults. Although Florida does not require parents to contribute to their children’s college expenses, financial support for college can be part of a couple’s divorce settlement if they choose. Contributing to an adult child’s higher education expenses is not the same as paying child support. In Florida, child support ends on a child’s 18th birthday or, if he or she has not yet graduated from high school by that date, until he or she graduates or turns 19. If you Choose to Include College Support in your Divorce Settlement, the Court Will Enforce It Couples who…

  • Who Gets to Claim your Child as a Dependent for Tax Purposes in your Divorce?

    ByGoodblatt • Leo Hours Categories Child Support, Divorce, Family Law

    With the tax filing deadline rapidly approaching, it is important to have all your documents in order far ahead of April 15. It is also important to determine details like whether you will file singly or as a married couple – if you divorced during the past year, you can choose either. If you are a recently-divorced parent, you may be wondering whether you can claim your child as a dependent on your tax return this year. If your divorce settlement states which parent may claim your child on future tax returns, you have your answer. But if it does not contain this provision, you will need to determine whether you, your former partner, or you both can claim your child as a dependent this…

  • How is Child Support Spent?

    ByGoodblatt • Leo Hours Categories Child Support, Divorce, Family Law

    Child support, as its name implies, is money used to support a child.  Raising a child is expensive. Not only does a parent have to spend money on a child’s food, clothing, school supplies, and entertainment, but the parent has to have a larger home and vehicle and cover the expenses associated with these, like utilities and maintenance.  In addition to these expenses, a parent must either sacrifice promotions or hours at work to care for his or her child or spend money on childcare services. When a couple with children divorces, a child support order is created to ensure that all of the children’s needs are met without creating an undue financial burden on one parent.  Multiple factors, such as the amount of time…

  • How is Child Support Calculated?

    ByGoodblatt • Leo Hours Categories Child Support, Divorce, Family Law

    Child support is the money paid from one parent to the other to cover the expenses that come with raising a child, such as the need for a home with enough space for the child, utilities for that home, food and household items, and the child’s needs like clothing and school supplies. The court uses a formula that considers the number of children to be supported, each parent’s income, and the amount of time the children spend with each parent to determine an appropriate child support amount to require.  In some cases, special circumstances like a child’s medical needs may be considered, causing the amount of child support ordered to deviate five percent or more or less from the amount that would be ordered for…

  • Wage Garnishment and Income Withholding For Child Support

    ByGoodblatt • Leo Hours Categories Child Support, Divorce, Family Law

    Child support is required in nearly every Florida divorce or paternity case involving children; it takes precedence over all other debts. However, sometimes either a parent will simply not be able to pay, or will refuse to pay, and as result, the recipient parent may have to seek assistance to collect what is due to them. Wage garnishment is perhaps the most common tool used to collect arrearages in support. Orders of Support Are Binding On Employers When a Child Support Order is issued, the employer of the payor parent must abide by that Order, or it will face severe penalties. There are deadlines for employers to withhold the required amounts from an employee’s paycheck and send them to the recipient parent or the Florida…

  • Paternity & Child Support in Florida

    ByGoodblatt • Leo Hours Categories Child Support, Divorce, Family Law, Paternity

    All children should have parents that love and care for them; but increasingly single parents make up a significant portion of families.  Florida law does not automatically assign paternity unless the parents are married to each other.  Sometimes men who love their children are shut out of their lives, and sometimes women who are entitled to child support and other help with their children go without. If you are not married to your children’s father or mother, you may need to take the appropriate steps to ensure your rights and benefits as a parent. Rights and Benefits of Paternity Florida law confers several rights and advantages on those who accept paternity.  The rewards for the child are many, not least of all being able to…