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Child Support in Florida
Transcript of Child Support in Florida
this new idea Taylor v. Taylor, 279 So. 2d 364 (Fla. 4th DCA 1973): Until dissolution of the marriage, a husband stands in loco parentis (in the place of a parent) to his wife's child born during the marriage; this relationship creates a duty of support even if the man is not the child's natural or adoptive father
Wade v. Wade, 536 So. 2d 1158 (Fla. 1st DCA 1988): Husband completely and willingly assumed role of parent and enjoyed benefits of parenthood [see ].
Hippen v. Hippen, 491 So. 2d 1304 (Fla. 1st DCA 1986) ].Husband represented child as his own [see Phone Message:
A WOman called saying she's an old friend from law school. She's in a bit of a bind because she recently accepted a new client who is getting divorced and seeking child support for her three children. Your friend said she has no experience in this area but thought she'd be able to get up to speed. The problem is, she has no idea where to start researching. SHe said she remembered that you're pretty good with researching new topics and was wondering if you could give her a head start. Free sites! Why waste money just trying to get an initial overview?
Start by taking a look at these FREE sites for a general overview of
child support. http://www.nolo.com/legal-encyclopedia/child-custody/ Provides an overview of child support through a Q&A format. Discusses the most relevant issues pertaining to child support and discusses how different state courts deal with different issues. http://family.findlaw.com/child-support/support-basics/ Provides a basic overview of child support along with Q&As concerning popular child support issues. Also provides a glossary of commonly used terms in the area of child support and nation-wide child support statistics and trends. These sites are great ways to develop
SEARCH TERMS! ter Child Terms Parent Terms Enforcement
Terms Paternity Father Obligor Putative Father Legal Father genetic testing non-custodial parent custodial parent payor payee guardian consent agreement wage witholding income witholding direct income witholding wage attachment garnishment Federal Parent Locator Service (FPLS) Child Support Enforcement Services Support payment support order establishment disbursement accrual modify/modification indemnification dissolution divorce separation bastard dependant minor out-of-wedlock illegitimate natural under-age LexisNexis West Law Florida In addition to search terms, these sources provide us with some key information as to how child support is established and enforced. Most importantly, we learn from these overviews the Federal Child Support Enforcement Act, required states to develop their own guidlines regarding the implementation, calculation and enforcement of child support. If we google "child support in Florida," the first result is for the Florida Department of Revenue Child Support Services:
http://dor.myflorida.com/dor/childsupport/ This website contains a huge amount of information concerning child support in Florida including how to:
j you can apply through an administrative support procedure or judicial hearing But wait! Who granted the Department of Revenue the power to grant and enforce child support and where does all the information contained on this site come from? Treatises There's no need to reinvent the wheel! check out some of these publications for explanations and citations to the controlling statutory and case law Florida Bar Publications they all look like this
(except they're not blurry) Adoption, Paternity and Other Florida Family Practice, 8th ed. Florida Proceedings after Dissolution of Marriage, 9th ed. Family Law Case Summaries, 7th ed Florida Dissolution of Marriage, 9th ed Details the entire marriage dissolution process
Includes an entire chapter devoted to child support
Provides family law forms and checklists Comprehensive review of Florida family case law
Specific chapter devoted to child support
Case summaries in this edition are from 2007-2009
Also contains alerts about statutory changes
A great way to stay updated in Florida family law Examines what comes after the dissolution of marriage: appeals, enforcement, and modification.
Discusses relevant cases and statutes, and is updated through February 2009.
Contains chapters focusing specifically on support modification, support enforcement and the Child Support Enforcement Program includes chapters on paternity and rights of minors including a detailed discussion of support rights
Current through May 2009
Provides various forms throughout the book West Publications Florida Pleading & Practice Forms: Volumes 5-6 (Family): Florida Jurisprudence Family Law Practice Florida Family Law Rules of Procedure and Forms, 2010 ed Matthew Bender Florida Family Law
Contains in-depth discussion, analysis, practice guides and forms
Contains citations to relevant cases and statutes
Specific chapters that provide detailed discussion of child support
Updated 2 times per year
Release number 44 current through February 2010 good better BEST!!! Not written for attorneys so it's in plain english From the series "Legal Survival Guides" more narrowly focused Limited to Florida Law also check out... Contains family law Rules of procedure and standard legal and business forms and checklists most commonly used in Florida. Includes family law specific forms. Last Updated July 2009 Last updated March 2007; supplemented quarterly. Provides an analytical discussion of the procedural and substantive aspects of Florida family law and includes the forms most frequently used in Florida family law practice. Contains rules and forms associated with the practice of family law in Florida. Last updated November 2009.
West publications are all about the forms Notes information extracted from treatises Who has to pay it? How much? For how long? How to enforce it? Date: _________
Subject: _______________ April 27, 2010 Obtaining Child Support in Florida State v. Winters, 346 So. 2d 991, 9994 (Fla. 1977): The parents of a minor child have a duty to support, educate, and provide the child with adequate food, clothing, and shelter. are the parents? That's obvious--either natural or adopted. Case closed...or is it? exceptions: Do non-custodial parents have to pay support when a child is born out of wed-lock? A child born out of wedlock has the same rights to receive support as a child born during marriage. See Finley v. Scott, 707 So. 2d 1112, 1116 (Fla. 1998) What if the father's identity is uncertain? Determine Identity of natural father via paternity action. See Fla. Stat. §§ 742.011- Fla. Stat. 742.06
The Florida Department of Revenue is authorized to bring paternity actions to seek support from fathers of children born or about to be born out of wedlock. Fla. Stat. §§ 409.2554(1), 409.2557 Do you recall that Department of Revenue site talked about in the "free sites" section?
This is where they get their statutory authority! The duty to pay child support in Florida may arise from statute, common law, a contract, or a combination of all of these sources. Burkley v. Burkley, 911 So.2d 262 (Fla. 5th DCA 2005). we won't talk about it much, but know that if someone agrees in contract to pay child support, that contract is enforceable even if the person is not the parent. income of both parents Child's health care cost Child care cost Cost of child's standard needs Basic Elements the Guidelines Consider Note:
A number of factors go into determining
each of these and are listed at Fla. Stat. 61.30 To calculate child support, see Fla Stat. 61.30 Child Cupport Guidelines: These “guidelines” are mandatory, and thus apply to most all child support actions.
Want a Free Estimate? available at:
http://www.alllaw.com/calculators/Childsupport/Florida/ online child support calculator estimates the amount of child support you may be entitled to
Fla. Stat. § 743.07(2):
Child has a physical or mental incapacity OR
Child is between 18 and 19 and expects to graduate before age 19
Parents are required to support their child/children until he/she reaches the age of majority. Fla. Stat. § 743.07(2) Until child is 18 exceptions Emancipation:
through marriage, enlistment in military, or established permanent home away from parents. See Fla. Stat. § 61.14(9); Fla. Stat. § 743.01. College Expenses:
Child requires financial support to pursue college education [see Finn v. Finn, 312 So. 2d 726, 731 (Fla. 1975) ] and parents have agreed to contribute to child's college education [see Zakarin v. Zakarin, 565 So. 2d 790, 791 (Fla. 3d DCA 1990)] Death of parent:
In absence of express agreement, support ends at death of parent [see Garcia v. Gonzalez, 654 So. 2d 1064, 1065 (Fla. 3d DCA 1995)] Apply for child support enforcement services with the FL Department of Revenue online application available at
http://dor.myflorida.com/dor/childsupport/apply.html What can enforcement services do to help? Suspend driver license Take IRS tax refunds Take FL lottery winnings over $600 Take support payments from enemployment and worker's comp tell employers to take payments from paychecks place liens on car, boat or other property report past due support to credit agencies place hold and take money from bank accounts take the case to court work with court to issue an arrest warrant Pay or ELSE...
No. A parent may not refuse to honor the time-sharing schedule if the other parent fails to pay court-ordered child support [Fla. Stat. § 61.13(4)(a)].
Fla. Stat. § 856.04: A parent's willful failure to provide support for his or her child born out of wedlock is a felony Face FELONY Charges Byrne v. State, 365 So. 2d 812, 813 (Fla. 1st DCA 1979): to face felony charges, it must be shown that the father has willfully withheld support from the child actually in need.
Can the parent withhold custody of the child if the other parent fails to make child support support payments? Online
Resources Useful Databases found on Lexis: Includes decisions from the Florida Supreme Court and the Florida District Courts of Appeals. FL Family Cases: Database containing strictly Florida state case law involving family law issues. Updated as opinions are received from the court. How to get to it: States Legal-U.S.–Florida—
Find Cases—By area of law—FL Family Cases FL Family Law LexisNexis Forms: collection of forms for Family Law Practice in Florida derived from Matthew Bender Publications How to get to it: States Legal-U.S.–Florida—Search Forms & Drafting Instructions—Family Law Access all relevant databases by... Helpful Westlaw Databases: searching entire directory
for "Florida and Family" Florida Family Law Forms, Clauses, and Checklists database consisting of forms, clauses, and checklists that relate to Family Law and are derived from state specific publications as well as general, non-state specific, publications. Florida Family Law Briefs
database containg selected Florida briefs of interest to Family Law practitioners. Coverage begins in 1997
Documents from law reviews, texts, CLE course materials, bar journals, and legal practice-oriented periodicals that relate to family law. Coverage varies by publication.
Family Law - Law Reviews, Texts & Bar Journals: Once obtaining a basic understanding of child support in Florida,
use databases in Lexis and West Law to find additional relevant authority addressing your specific issue. Staying Current Join a family law section of national or local bar association Get access to member's only publications Network with other lawyers who may have faced similar issues Have an impact on current issues Family Law Quarterly
The journal of the American Bar Association Section of Family Law published for it's members.
Publised four time per year.
Publishes theme issues on topics of interest to lawyers practicing in the field of family law.
The quarterly news-and-feature membership magazine of the Florida Bar Family law Section.
Addresses current family law topics and provides useful how-to articles in every issue.
Most current issue, Vol. 32 No. 1 deals with important decisions made during divorce including child custody and family support.
Quarterly publication of the Florida Bar the Family Law Section.
Contains all the latest news concerning Florida Family Lawyers and Section activity
Available FREE online (no membership required). http://www.familylawfla.org/newsletter/ The Children’s Issues Committee of the Family Law section of the Florida Bar:
Committee that looks at the welfare and best interests of children in all areas of family law.
Works closely with the Legislation Committee and Executive Council ensuring that children’s interests are a primary concern.
Also deals directly with adoptions, paternity and dependency issues.
Click on link for Legislation/Family Court Case Law Updates
Monthly family case law updates.
Yearly legislation updates.
A FREE way to stay updated in Florida Family Law!
The Office of Court Improvement/
Family Courts Madeline Marzano-Lesnevich and Scott Adam Laterra, Children's Interests: Article: Child Support and College: What is the Correct Result?, 22 J. Am. Acad. Matrimonial Law. 33 (2009), 25163 words, Discusses the lack of consistency between states and within states in requiring child support payments for a child’s college education. Adrienne Jennings Lockie, Multiple Families, Multiple Goals, Multiple Failures: The Need for “Limited Equalization as a Theory of Child Support, 32 Harv. J.L. & Gender 109 (Winter 2009): Examines who should bear the cost of a parent’s decision to have more children and argues in support of a new theory of child support, limited equalization. Karen Gievers, Listening to Silenced Voices: Examining Potential Liability of State and Private Agencies for Child Support Enforcement Violations, 25 Nova L. Rev. 693 (Spring 2001): Argues that private individuals should be able to sue government for failing to enforce child support statutes due to the drastic effect such failure has on children and families. Law Reviews New Theories Fresh Arguments Comparative Analysis New Case Law Legislative Updates http://www.flcourts.org/gen_public/family/forms_rules/rules_and_opinions.shtml Free access to currentFlorida Family Law Rules of Procedure and Opinions
Free Access to current Florida Family Law forms Florida State Courts Self-Help In 1991, the Florida Supreme Court created the Unified Family Court (UFC) to deal exclusively with family law matters including child support. See In re: Report of the Commission on Family Courts, 588 So. 2d 586 (Fla. 1991). The Supreme Court required each judicial circuit to create a local rule establishing a family law court for that circuit. Taylor v. Taylor, 279 So. 2d 364 (Fla. 4th DCA 1973): Until dissolution of the marriage, a husband stands in loco parentis (in the place of a parent) to his wife's child born during the marriage; this relationship creates a duty of support even if the man is not the child's natural or adoptive father.
Wade v. Wade, 536 So. 2d 1158 (Fla. 1st DCA 1988): Husband that completely and willingly assums role of the parent and enjoyed benefits of parenthood may be liable for child support
Hippen v. Hippen, 491 So. 2d 1304 (Fla. 1st DCA 1986): Husband representing child as his own is liable for child support.
The End! Let's talk Pick their brains to see
what new information they may know! Child Support in Florida
By: Tracy M. Evans available in print or on Lexis Get it: though administrative process or judicial hearing
Pay It: online or by phone
Calculate it: mandatory statutory guidelines
Enforce it: file an applicaion with FL Department of Revenue via this website. See also F.A.C. ch. 12E-1: Child Support Enforcement Program Office: “In compliance with state and federal laws, the Department of Revenue, Child Support Enforcement Program Office, is designated as the Title IV-D agency which administers the Florida Child Support Enforcement Program, under the provisions of Title IV-D of the Social Security Act”