Relocating with your Children:

Florida law has specific statutes dedicated to the issue of relocating more than 50 miles with your minor child.  This statute applies when parents have been married or when paternity has been established between unmarried parents. In these scenarios, either: a) both parents must agree to the relocation or b) the parent wishing to relocate must obtain a court order.

A) With an Agreement:

If both parents agree to the relocation, these agreement should be put into writing, filed with the court and ratified by a judge, so that it becomes a court order. A short hearing is required. This process should take between 10-14 days.

B) Parent do not agree:

If the parents are not in agreement, a Petition for Relocation must be filed by the parent wishing to relocate and the court must have a full hearing on the matter where evidence must be presented that the relocation is in the best interest of the child(ren). There are a number of factors the court will consider under the law.  The parent who is not in agreement will be able to provide evidence and argument as to why the relocation should not be allowed. This process can take several months.

Under no circumstances can parents who have been married or who have previously been awarded a timesharing schedule relocate without a court order or agreement.  

The attorneys at Family Matters Law Group, P.A. handle relocation case frequently and are available for a free consultation about your options and rights.

visit our website http://www.familymatterslawgroup.com/

Confused about Child Support & Gross Up?

Confused about “gross up” or when child support gets reduced?  You are not alone.  Recently our state legislators passed significant changes to the method in calculating child support.  In order to best describe it I will use a simple hypothetical:

Dad earns $4200 per month and Mom earns $2,500 per month.  They have 1 child. Under current law, Dad who is the non-custodial parent owes approximately $637 per month toward child support. Dad and mom enter into an agreement where child will spend with dad every other weekend, one night every week and two weeks in the summer. Under the gross up method Dad now owes approximately $452.That is a significant decrease!

As previously discussed, child support usually includes a monthly obligation which is equally shared between both parents.  The amount of support is determined based on a percentage of their combined income.  Prior to January 1, 2011, if the child spent at least 40 percent OVERNIGHTS in a year with the parent paying support, there was a reduction in the monthly support obligation. This is referred to as the “gross up method” of calculation.   Today, the “magic number” for a significant reduction in child support changed from 146 to 73 overnights per year which is really not that hard to get.  If you have a time sharing schedule where the children spend overnights with the non-custodial parent every other weekend and 2 weeks in the summer, that already add up to 66 overnights per year. Add birthdays, holidays and special weekends, and the “magic number” is quickly achieved.  So, if you have at least 73 overnights per year with the children, whether or not pursuant to a time sharing agreement, you may be entitled to a reduction in your child support obligation. 

Leisa WIntz on cbs4.com

Leisa M. Wintz appears on CBS4 discussing the dangers and legal ramifications of "sexting".




Video Library - cbs4.com, posted with vodpod

Child Support Calculations

On Monday night my partner and I went to speak to a group of parents about their rights and responsibilities as parents. What was the #1 topic discussed - CHILD SUPPORT! So many people had so many questions about how child support is determined, how you can modify it, what it can be used for and who decides when it is owed.  So here are the answers to a few of those questions:

1) How is it determined? By a formula.  You can see the formula yourself at www.flcourts.org/gen_public/family/forms_rules/902e.pdf. It basically takes into consideration a variety of factors such as, your income, your partner/ex-partner's income, child care, health care costs and how many nights per year the child stays with you.

2) I make a lot less money than I used to, can I modify my child support payment? A person can petition the court to modify their child support payment when there has been a "substantial change in circumstance", for child support that means that when you plug the new numbers into the formula listed above, the new child support payment changes by either $25 or 10%.  This is true in BOTH directions, so if you (or your ex-partner) now make MORE money, a modification to increase could be granted.

3) My partner doesn't use child support for my child! What can I do? This is a very difficult case to prove.  Your partner must support themselves in addition to the child and usually she/he uses 1 account to accomplish this.  There isn't a line drawn through the account that says this money only for child items.  She/he isn't required to provide you with a ledger of expenses. 

4) Can my ex take me off child support? Not really. Child support is owed to the CHILD, not to your ex.  As a result, she/he doesn't have the right to give up child support.  However, she/he usually does have a choice about filing for court ordered child support.  I say usually because, if she/he applies for state assistance (food stamps / cash assistance) she/he will probably be REQUIRED to get child support from you before such assistance is awarded.

NEXT WEEK - GROSS UP METHOD - WHEN DOES CHILD SUPPORT GET REDUCED?

Welcome to our Blawg!

This BLAWG is brought to you by Family Matters Law Group, P.A. We began this blawg with the following goals:

1) to write about family law topics are important and relevant to the average Floridian
2) to post every week about a new topic
3) to help non-lawyers understand the basics of FL law
4) to encourage other attorneys to think about changes to FL law
5) to keep it fun and interesting

LET US KNOW IN A FEW MONTHS HOW WE DO!