FAQs Archiv - Page 11 of 12 - Fletcher Law, PLLC

When Can a Child Decide Which Parent to Live With?

There is no particular age when a child can decide which parent he/she wants to live with. The court will look at the “reasonable preference of the child” and if the child has “sufficient intelligence, understanding and experience to express a preference.” It is rare for the court to allow the child to testify, but if it does, it will be through an “in camera” examination where only the judge, the child and a court reporter are present. Attorneys, family members and the parents are not allowed.

What if We Cannot Agree on a Custody Arrangement?

If you cannot agree on a parenting plan, the court will make the decision for you based on what is in the “best interest of the child.” The factors regarding this standard are laid out in Florida Statutes section 61.13.

What if My Spouse Tries to Move Away With the Kids?

It depends on how far he/she is moving and whether there is a pending Paternity or Dissolution of Marriage case in court. You must act quickly in a situation like this as Florida loses jurisdiction after the children have been gone out-of-state for at least 6 months, if there was no prior court order retaining jurisdiction.

When Can I Start Collecting Child Support?

As soon as both parents are not living under the same roof with the child, child support starts accruing. However, when you and the other parent are getting along, sharing custody, taking care of the child’s basic needs, and jointly making decisions about the child, there is no urgency to go to court to get a formal calculation. It is your right but many parents do not start exercising this right until there is a breakdown in the relationship between themselves and the other parent.

Does it Have to be Taken Directly Out of My Paycheck?

Child support does not have to be taken out of your paycheck. You can pay the other parent directly and both parents would have to keep an accounting of the payments.

What if My Ex Stops Paying?

If your ex stops paying, you can turn the case over to the Florida Department of Revenue Child Support Program and the government can help you collect any arrears and future payments. The state will pay you only from what it has collected.

What Can I Use the Funds for?

Child support payments are to be used to provide for the child. Food, shelter, clothing, school supplies and entertainment are some of the things that a child would need in order to survive. You do not have to keep a ledger on how the money is being spent.

Do Fathers Always Pay Child Support After a Divorce?

No. Fathers do not always have to pay child maintenance after a divorce. In fact, mothers sometimes have to make payments to fathers.

How Do I Lower My Payments?

Usually, a loss or gain in income is the reason to modify child support. The amount can go upward or downward. As long as the change would be at least $50 or 15%, per month, whichever is greater, child support can be modified. Other factors that can change the amount of child support are child care expenses, the cost of health insurance, the number of overnights the child is actually spending with each parent and disability of either parent.

Can I Go to Jail if I Miss my Child Support Payments?

Yes you can. If the court ordered you to pay and you have fallen behind, you are violating the court order. This is contempt of court and if a judge finds that your disobedience is willful, you can be taken into custody. If you truly are without the means to pay, for example, you lost your job and you do not have any assets, then it is highly unlikely that you are deliberately flouting the court order. There is a “purge” amount towards the arrears that you can pay to keep yourself out of jail.

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