Family Law FAQs Archive - Page 5 of 6

Family Law FAQs

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.

How Long Does it Take to Get a Divorce?

It depends. A divorce in Florida can take as little as 20 days (from the date of filing to the final hearing). These cases are rare and are usually uncontested. It is more common to see a divorce case lasting 4 months to 2 years. How quickly the divorce case is over will depend on how agreeable the parties are, the lawyers involved, whether discovery deadlines are met, the judge’s availability and whether the case settles or goes to trial.

How Much Does a Divorce Cost?

The filing fee for a divorce is $401.00. In some cases, this fee can be waived if a spouse is indigent. A process of service fee is added to the cost of a divorce, if your spouse doesn’t agree to accept service. If the sheriff or a private process server has to bring the divorce papers to your spouse, the cost starts at $40. International process of service fees cost hundreds of dollars. If you cannot locate your spouse and you have to put an ad in the newspaper, the cost is about $200. In addition, if you decide to hire an attorney to ensure that your rights are protected, the hourly attorney rate ranges from $150 to $500 an hour. When the case is predictable, the attorney may be able to quote you a flat fee instead of an hourly rate.

Will I Be Able to Get Full Custody of Our Children?

When parents separate, this is usually the number one question on their minds. It is not easy to get full custody of your children and shut the other parent out of the children’s lives because your marriage did not work. Parents who were rearing their children together are more likely to get shared custody. An absent parent or one who has abused, abandoned, or neglected the children will have a much tougher time proving the case that his/her involvement is in the “best interests of the children.” In some cases, the court will grant supervised visitation to allow a questionable parent to build a relationship with the child and if these visits go well, this parent can work himself/herself up to unsupervised overnight visits.

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