Child Support

Question 1

What are Florida’s presumptions on paternity?

Answer 1

a child born during a valid or voidable marriage is presumed to be the biological child of the husband (presumption is rebuttable with clear and convincing evidence)

Question 2

How can paternity be established for children born outside of a marriage?

Answer 2

(1) Dad can acknowledge paternity by signing documents

(2) Paternity suit, which is a statutory COA in Florida

Question 3

Paternity suit procedures:

Answer 3

• Action can be brought by mom, purported dad, or child
• has to be filed by the time the child Is 22
• court will likely order DNA testing and if results show dad is 95% more than likely to be the dad there is a reputable presumption of paternity

Question 4

How do Florida courts determine child support payments?

Answer 4

• There is a child support guideline to determine the amount
• court adds both parents net incomes and allocates payment based on the guideline and incomes
• if the court deviates more than 5% up or down from the guidelines it must enter writing findings and justifications

Question 5

What are some factors that justify deviating from the child support guidelines?

Answer 5

(1) special needs of the child; (2) seasonal variation in income; (3) age of child; (4) special shared parental agreement; (5) child and parents assets

Question 6

What will never justify a departure from the child support guidelines?

Answer 6

(1) parent has new family obligations; or (2) parent voluntarily obtaining a lower paying job to pay less child support

Question 7

What is the length of payments?

Answer 7

(1) child is emancipated; or (2) until the child reaches 18 unless the child is still in high school, in which case payments will be until the child graduates high school or turns 19 (whichever comes first)

Question 8

what income will be imputed to a parent who voluntarily reduces their income?

Answer 8

the parents potential earning capacity (same is imputed if the parent voluntarily makes themself unemployed)

Question 9

What are some enforcement mechanisms?

Answer 9

• intercepting tax refunds (state and federal);
• suspending driving license;
• criminal sanctions (failure to Pay child support is a misdemeanor in Florida)

Question 10

The Uniform Interstate Family Support Acts:

Answer 10

• only one controlling enforceable child support order exists at any given time
• this is called continuing exclusive jurisdiction
• any subsequent states must defer to the first child support order entered as long as either parent or the child is still in the forum