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CHILD PATERNITY, CUSTODY & SUPPORT
In a court proceeding for
Paternity, Child Custody or Support, the court
has the discretion to order one or both parents
to pay support for the Child. The amount will be
based on the need of the child and the ability
of the parents to pay based on income and other
relevant factors. This decision is based on what
is in the best interest of the child. The judge
often takes into consideration the age of the
child, employment of the parents, earning
capacity and the standard of living the child
has become accustomed to or would have been
afforded had the parents continued to live
together. In addition, the courts also look to
the physical and emotional health of the parents
and the effect that may have on the child. |
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| In any
case of Child Support the court also has the
power to change or modify conditions if there is
a substantial change in circumstances prior to
the child reaching the age of eighteen. Whether
it may be a change in the child’s needs, salary
of one of the parents or one becoming unemployed
the window is open for change. In addition, if a
parent is unemployed or under employed the court
may impute an income they feel is relevant based
on past work history, educational background and
the parent’s potential ability to earn. |
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Although there can be slight deviations, child
support is based off a form called the Child
Support Guidelines. Mandatory since 1989 in the
State of Florida it is the formula used for
determining each parent’s obligation for the
support of his or her child. |
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| Other
obligations when it comes to child support
include Health Insurance. When access is
reasonably available for the minor child the
court will often make it mandatory. If a parent
can obtain it through their employment or other
means it is often requested by the court as it
is in the best interest of the child. The court
may also request a Life Insurance policy or Bond
to protect the child financially in the event a
parent were to die prior to the child reaching
adulthood. |
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Following the determination of paternity either
through admission or DNA evidence child support
will be set. Generally payments are to be
deposited in an account or central depository
unless otherwise agreed by both parties and the
court finds it in the best interest of the child
to do it otherwise. Payments in this fashion are
often preferred because it provides a clear
record of payment and keeps issues regarding
support or delinquencies from arising. |
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| In a
situation where a parent fails to meet their
court ordered financial obligation the parent
entitled to receive the support on behalf of the
child can petition the court for enforcement.
When the delinquent party is employed a good way
to secure regular payment is through a deduction
order or garnishment of wages directly from
their work check. |
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| Child
support enforcement options include contempt of
court, driver's license and motor vehicle
registration suspension, withholding a refund
due on a motor vehicle impact fee and
withholding refunds on federal income taxes.
Once all remedies have been exhausted
professional licenses or certificates may be
suspended or denied. |
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Considering the complicated procedures involved
in a Family Law action The Robinson Law Group
offers our clients a FREE INITIAL CONSULTATION
regarding their case. We will answer your
questions with knowledge and compassion,
assisting you and your loved ones in your time
of need. Call our attorneys 24 hours a day 7
days a week at 1-877-LAW-CALVIN to set your
Family Law appointment.
CHILD CUSTODY |
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A very
sensitive issue, family law courts base child
custody on the best interest of the child if
both parents cannot come to a mutual agreement.
Typically the court will order that both parents
be given shared responsibility unless it is
determined to be detrimental to the child. In
that case, the court will rule for sole custody
in favor of one parent. |
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When
considering child custody many factors regarding
the child’s welfare are taken into
consideration. The attorneys at The Robinson Law
Group carefully go through these factors with
our clients providing the assistance necessary
to advocate for the best outcome on their
behalf. We can present the court with many
reasons on why it is beneficial for your child
to be in your custody.
Factors which the court consider include but are
not limited to: |
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| (a) The
demonstrated capacity and
disposition of each parent to
facilitate and encourage a close and
continuing parent-child
relationship, to honor the
time-sharing schedule, and to be
reasonable when changes are
required. |
| (b) The
anticipated division of parental
responsibilities after the
litigation, including the extent to
which parental responsibilities will
be delegated to third parties. |
| (c) The
demonstrated capacity and
disposition of each parent to
determine, consider, and act upon
the needs of the child as opposed to
the needs or desires of the parent. |
| (d) The
length of time the child has lived
in a stable, satisfactory
environment and the desirability of
maintaining continuity. |
| (e) The
geographic viability of the
parenting plan, with special
attention paid to the needs of
school-age children and the amount
of time to be spent traveling to
effectuate the parenting plan. This
factor does not create a presumption
for or against relocation of either
parent with a child. |
| (f) The
moral fitness of the parents. |
| (g) The
mental and physical health of the
parents. |
| (h) The
home, school, and community record
of the child. |
| (i) The
reasonable preference of the child,
if the court deems the child to be
of sufficient intelligence,
understanding, and experience to
express a preference. |
| (j) The
demonstrated knowledge, capacity,
and disposition of each parent to be
informed of the circumstances of the
minor child, including, but not
limited to, the child's friends,
teachers, medical care providers,
daily activities, and favorite
things. |
| (k) The
demonstrated capacity and
disposition of each parent to
provide a consistent routine for the
child, such as discipline, and daily
schedules for homework, meals, and
bedtime. |
| (l) The
demonstrated capacity of each parent
to communicate with and keep the
other parent informed of issues and
activities regarding the minor
child, and the willingness of each
parent to adopt a unified front on
all major issues when dealing with
the child. |
| (m)
Evidence of domestic violence,
sexual violence, child abuse, child
abandonment, or child neglect,
regardless of whether a prior or
pending action relating to those
issues has been brought. |
| (n)
Evidence that either parent has
knowingly provided false information
to the court regarding any prior or
pending action regarding domestic
violence, sexual violence, child
abuse, child abandonment, or child
neglect. |
| (o) The
particular parenting tasks
customarily performed by each parent
and the division of parental
responsibilities before the
institution of litigation and during
the pending litigation, including
the extent to which parenting
responsibilities were undertaken by
third parties. |
| (p) The
demonstrated capacity and
disposition of each parent to
participate and be involved in the
child's school and extracurricular
activities. |
| (q) The
demonstrated capacity and
disposition of each parent to
maintain an environment for the
child which is free from substance
abuse. |
| (r) The
capacity and disposition of each
parent to protect the child from the
ongoing litigation as demonstrated
by not discussing the litigation
with the child, not sharing
documents or electronic media
related to the litigation with the
child, and refraining from
disparaging comments about the other
parent to the child. |
| (s) The
developmental stages and needs of
the child and the demonstrated
capacity and disposition of each
parent to meet the child's
developmental needs. |
| (t) Any
other factor that is relevant to the
determination of a specific
parenting plan, including the
time-sharing schedule. |
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