A Florida divorce involving children or a paternity action will require, by Florida Statute, a determination of child support. Florida child support is based on a few factors, which are defined by Florida Statute. The factors considered in the child support calculation are the incomes of the parties, daycare costs,…
Articles Posted in Child Support
What Does the “No Fault” Part of Florida Divorce Law Mean?
Florida is a “no-fault” divorce state. The idea is that you do not litigate why you are divorcing, but simply litigate a resolution to the divorce (i.e. distribution of assets, child support, alimony, etc.). To that end, Florida Statute 61.044 abolished certain defenses, such as condonation, collusion, recrimination, and laches.…
Military Divorces – Child Support and Alimony
Marriages have unfortunately become one of the many casualties of war and deployment. For members of the military based in Florida, it is not unusual for spouses and families to be separated for extended amounts of time. The transition back home can cause strains on both marriages and family relationships.…
Florida Family Law and Military Servicemen and Servicewomen
A divorce involving military families from or in Jacksonville, Florida can be complex because a military divorce has distinct issues that can involve Florida and federal law. Generally, dissolution of marriage is governed by the laws of the State of Florida, but the federal government has enacted legislation that applies…
Modifying Child Support in Florida
Child support is modifiable in Florida. Modifying child support requires that a substantial change in circumstance. Simply not having a job does not automatically mean that a party qualifies for modification, the party must prove that she/he was fired or laid off from the job and it was not voluntary…
Florida Alimony and Child Support Must Be Determined Separately
Written By: Lenorae C. Atter, Attorney Wood, Atter & Wolf, P.A. Child support and alimony laws of Florida often go hand-in-hand. In Florida, child support is calculated based on the income of both parties. In Florida, alimony is considered income to the party receiving the funds, including the person having…
Divorce in Family with Twins: Florida Divorces
Divorce is more prominent with families that have twins according to a recent study completed by Dr. Anupam Jena of Massachusetts General Hospital. The study looked at over 800,000 families since the 1980 census that claimed to have twins. Of that number, the study found that in families where twins…
Does Child Support Mean Tax Exemption in a Florida Child Support Case?
Written By: Lenorae C. Atter, Attorney Wood, Atter & Wolf, P.A. In a divorce or other child support case, I am often asked which parent can claim the child as a tax exemption. According to Florida State 61.30(11)(a)(8), the parent with the majority timesharing is required to file the IRS…
Florida Child Support Through Income Deduction Order Keeps the Payor and the Company on the Hook
Written By: Lenorae C. Atter, Attorney Wood, Atter & Wolf, P.A. In Florida, child support is determined based on the child support guidelines. In addition, if the payee requests an income deduction order, then the child support will be garnished from the payor’s wages with a fee established by the…
I Just Found Out I Have Teenage Child; How Does Florida Calculate Child Support?
Written By: Lenorae C. Atter, Attorney Wood, Atter & Wolf, P.A. As a Florida family law attorney, I often have calls from men that have been served with paternity papers who have just discovered they have a teenage child. Often, these men have already started their own family by the…