Articles Posted in Florida Statutes

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Some people may think that child support ends with death. “Well, when I die, at least, I will not have to pay child support any longer.” Not so fast, the family of Scottie Pippen is still getting child support bills for him even thought he has been dead for 10 years. The story was reported in the South Florida Sun Sentinel.

The family attempted to clarify this matter many times over. Unfortunately, some child support office is chasing down a dead man when efforts could be made to better pursue living child support obligors in the State of Florida.

Child support is court ordered pursuant to a hearing or agreement of the parties. Typically, when the child graduates high school, marries, emancipates, or otherwise becomes self sufficient. The Court order of child support must be reviewed to determine the duration of the child support obligation in Florida.

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In Florida, a driver’s license can be suspended through the Division of Driver’s License (Department of Highways and Motor Vehicles) when a person fails to pay a child support obligation. The procedures for suspending a driver’s license can vary if the case is being pursued by the Department of Revenue as compared to a party with or without an attorney. Pursuant to Section 322.058, Florida Statutes Suspension of Driving Privileges Due to Support Delinquency – Reinstatement, a driver’s license can be suspended when the Division of Driver’s Licenses receives notice that a person has failed to comply with a subpoena, order to appear, order to show cause or similar order.

The statute was passed a tool for those receiving child support and as a punishment for those required to pay child support. It is a tool because the suspension or threatened suspension of driving privileges often encourages the person obligated to pay the support to catch up on the payments. It is a punishment of sorts at times because the suspension does punish or take away rights from the person who fails to pay for the child support obligation.

If there is a legal issue regarding child support, alimony, divorce, driver’s license suspension or other Family Law related matters, it is important to retain the services of a Family Law Lawyer to represent your interests and rights.

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For many years, the courts in Florida have embraced the idea that a child of divorced parents should enjoy the input and direction from both parents, not just the parent who has “custody.” So, under Chapter 61, Florida Statutes, the court will typically require that the divorcing parents have “…shared parental responsibility.” Sometimes this is loosely referred to as, “joint parental responsibility,” or at least what that’s what the parents “hear” when they hear “shared parental responsibility. But this does not mean “joint custody.” Joint custody is where each parent has “custody” of the child for roughly equal lengths of time. This is not usually favored by Florida courts, as it often becomes impractical, especially if the parents live too far apart, or even in different school districts, much less different cities. Also, as children grow, their circle of friends and social interests expand, which can be compromised by their going back and forth between parents like a ping-pong ball. So, “shared parental responsibility” or even “joint parental responsibility” is not the same thing as “joint custody.”
With “shared parental responsibility,” both parents keep full parental rights and full parental responsibilities. Section 61.046, Florida Statutes. This also means that the parents must consult and confer with each other on matters concerning the welfare and best interests of the child, especially on major decision. When it comes to medical care or education, these decisions should be made jointly, if possible, after the parents have consulted each other. However, sometimes a court will split these areas of responsibility between the parents. Section 61.13(2), Florida Statutes.

In a typical divorce case, the child’s “primary residence” is deemed to be with one parent, who is granted the “primary residential care” of the child. This parent is usually referred to as the “custodial parent.” Sections 61.046(3), 61.13(2)(b) 2.a., Fla. Statutes. Not surpisingly, the other parent is usually called the “noncustodial parent.” Section 61.046(10), Florida Statutes. But none of this labeling changes the basic fact that the parents usually share in the parental rights and responsibilities for the child.

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