November 21, 2021
Every responsible parent should want the best for their child, including taking care of them and providing for their needs. Child support in Florida is mandatory until a child’s 18th birthday, but parents can always choose to keep supporting their child even after that period. Some do this, especially if the child hasn’t graduated from high school yet or has a disability.
Florida lawmakers updated legal terms so that both parents can feel equal importance in their child’s life. If both parents have agreed before filing for divorce, they’re required to follow a parenting plan called parental time-sharing. This parenting plan establishes that both parents have equal responsibilities towards caring for their child’s well-being. Many parents agree on a schedule with the help of a family lawyer.
If you’re trying to negotiate terms with your child’s other parent, here are additional guidelines regarding Florida’s rules on child support:
Paying Child Support
When you’re paying child support, a judge could order retroactive child support, which means you’re required to pay from the time of your divorce until the judge issues the support order. However, keep in mind that Florida’s laws dictate that retroactive child support cannot exceed 24 months. Past due support is a term used when a parent fails to pay child support on time.
If the parent of a child fails to obey the law, the Department of Revenue eventually steps in because they’re responsible for enforcing Florida’s child support program. Officials can send late notices, and if there is still no action taken, they can send income withholding notices to employers or the parent’s other payers of income.
If these measures aren’t working, the DOR can send a driver’s license suspension notice and an invitation for the parent to work with them to get the child support paid. If all else fails, authorities will have to file a legal action in circuit court to enforce rules.
Determining Income
Child support in Florida is primarily determined by the income of the father and mother. The state also considers the days a child spends with their parent. They also consider child care, health expenses, and any deductions or exclusions. However, whatever total amount comes from these calculations isn’t set in stone. Changes in your work life, health, or family situation can affect the result.
When you’re filing for child support, it’s helpful to know an estimate of your income because it’ll give you an idea of how much the court will require you to pay. According to Florida laws, your income is any form of legal payment. These include bonuses, commissions, allowances, overtime pay, or tips.
The court could also consider other legal payments like your business incomes, disability benefits, independent contractor compensation, payments from federal or local governments, or pensions. Your retirement and annuity payments are also considered income, as well as any rental income, royalties, trusts, estates, Social Security benefits, and spousal support you might have.
Conclusion
Child support is your child’s legal right, and both parents are mandated by Florida laws to have equal contributions to their child’s upbringing. If you and your ex-spouse have come to an agreement before filing a case, it’ll be easier for your family lawyers to compose a parenting plan that is fair for both of you.
Dorsey Law JAX has the best family attorneys in Jacksonville, FL. We also specialize in criminal law and personal injury. If you need help determining the terms and conditions of child support, get in touch with us today.
November 7, 2021
The timesharing plan is almost always the most contentious topic in a child-related divorce. Following a divorce or separation, the majority of Florida courts prefer that children spend as much time as possible with both parents unless one parent is ruled unfit or otherwise incapable of doing so. According to Florida Statute 61.13, minor children should have “frequent and continuous contact” with both parents throughout a divorce or separation. Furthermore, the legislation states that “no presumption exists in favor of or against” any parent or timesharing arrangement.
Certain behaviors, however, can impair your prospects of acquiring custody or negotiating a good timesharing arrangement during a child custody fight. Now, let’s go over the most common errors to avoid while dealing with Florida custody and timesharing difficulties.
Making Yourself a Priority
The best interests of the child are always prioritized under Florida law. For this reason, prioritizing your personal interests over theirs may endanger your chance to obtain an appropriate timesharing arrangement. This means that the court will be unconcerned about your specific timesharing arrangement as decisions will be made for the benefit of your child.
Excluding Your Spouse in Custody Arrangements
Florida courts believe that regular contact with both parents serves the child’s best interests. Denying visits or alienating the other parent may result in the court deeming that parent unfit for custody and reducing or removing parenting rights. Establishing and maintaining a mutually beneficial timesharing arrangement in Florida necessitates great co-parenting.
Inciting Domestic Violence
Divorce leading to conflicts can be exceedingly volatile. Related allegations, or worse, convictions, can have a substantial influence on a parent’s timesharing and custody rights. For this reason, the accused spouse must demonstrate to the court that they are competent of parenthood. By maintaining a calm disposition, you avoid engaging in violent circumstances in which your spouse can accuse you of domestic abuse.
Engaging in Substance Abuse
When one parent accuses the other of abusing substances, the accused parent should not be hesitant to defend himself or herself. When minor children are involved in a divorce, Florida courts take allegations of parental intoxication or drug misuse very seriously. To avoid being falsely implicated by your ex-spouse, you must refrain from using alcohol or other illicit substances in front of your children before, during, or after your court case.
Moving Locations with Children
Many parents make the fatal mistake of relocating with their children while their divorce is pending. Florida Statute 61.13001 prevents a parent from relocating their children more than 50 miles away without a court order or the consent of the other parent. It takes effect when either parent files a divorce petition in Florida and could have disastrous ramifications when this law is dismissed.
Conclusion
Divorce is difficult to begin with, and the situation gets even more complicated when children are involved. As a responsible parent, you must keep in mind that your child is the priority. Keep these common errors in mind and avoid them at all costs. Even better, think of ways to actively participate in an amicable relationship with your spouse. With simple communication, all sides win.
It’s important to settle matters with your spouse for your child’s future. If you’re ready to make decisive steps regarding timesharing and custody errors, seek help from our top Jacksonville attorneys at Dorsey Law JAX’s pool of reliable lawyers. Call us now at (904) 394-2865.
October 28, 2021
Legal trials often fall under many categories according to dispute, including civil and criminal. Due to the popularity of crime shows, the vast majority of the population is more familiar with the latter—highly publicized cases that involve catching a criminal and giving them a sentence to serve in jail or prison. However, people are more likely to face civil trials than criminal trials.
If you find yourself facing litigation, it’s vital to understand the difference between civil and criminal trials. Being aware of the distinction will help you know what to expect and how to proceed with the case. It will also help you make the best decision according to the facts and circumstances. However, the two categories sometimes overlap.
Here is a quick guide on the difference between civil trials and criminal trials:
What Is a Civil Trial?
Civil trials are often disputes between individuals or organizations, and these are often not as well-publicized as criminal ones. The lawsuit begins when a plaintiff brings a case to court against a defendant because the defendant did not carry out a legal duty they owe to the plaintiff.
Both parties (the plaintiff and the defendant) could be a person or an entity (such as a corporation or group), and the suits may be brought in both state and federal courts. In civil cases, the plaintiff will request the court to demand the defendant to carry out the legal duty they owe or pay for the damages they have caused. Other times, they may be asked to do both.
Violations of federal statutes and constitutional rights can call for civil trials. For instance, an individual or group can sue a local police department for infringing on their rights to a peaceful assembly.
What Is a Criminal Trial?
Criminal trials occur when a person gets charged in a formal accusation referred to as information (for misdemeanors) or an indictment (for serious crimes or felonies). These involve offensive acts against the city, county, state, or federal government.
Unlike civil cases, the victims do not have to be involved in a criminal trial. In fact, some of these lawsuits do not have a specific victim. For instance, the government can arrest and prosecute a person for driving under the influence, which is a serious offense that can harm other citizens.
If a person is guilty of a crime beyond a reasonable doubt, they will receive a sentence, which can come in many forms. They may pay a fine, become subject to supervision in the community, or reside in prison.
Can Civil and Criminal Trials Overlap?
Civil and criminal trials sometimes overlap, and the defendant may face both cases at once. For instance, a person charged criminally with homicide can also be sued civilly for wrongful death.
Work with Experienced Criminal Lawyers in Jacksonville
Civil and criminal trials are two distinct fields that may confuse many people. The former deals with offenses against private parties, while the latter tackles violations against the state or federal government. Knowing their differences can help you understand how to proceed with your cases and seek the right lawyers for the job, so we hope this guide has helped you differentiate between the two.
If you’re looking for experienced criminal lawyers in Jacksonville, FL, let Dorsey Law JAX assist you. Our seasoned lawyers can help you get the best legal representation you need. Contact us today.
