Recent Posts in Paternity Category
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Posted on May 8, 2013 By Damien McKinney
The Florida Legislature has defined “shared parental responsibility” as a court ordered relationship between parents of a minor child in which both parents confer with each other and make ...
Continue reading "What is Shared Parental Responsibility?" »
Posted on Apr 26, 2013 By Damien McKinney
The issue of spanking doesn’t come up in my cases very frequently these days. In general, parents should work together to determine an appropriate discipline plan for their children. The problem ...
Continue reading "Can I Spank My Child?" »
Posted on Apr 4, 2013 By Damien McKinney
Florida Statute 409.2563 allows the Department of Revenue to establish administrative child support orders. The Department of Revenue is a governmental agency in Florida that is set up to establish ...
Continue reading "What is an Administrative Support Order?" »
Posted on Mar 27, 2013 By Kelly Tobaygo
Most people who are facing divorce proceedings which involve children become concerned over the well-being of their children, and wonder how the divorce process might impact them. People often ask ...
Continue reading "Evaluations of Children of Divorce" »
Posted on Mar 25, 2013 By Damien McKinney
In general, the IRS code dictates which parent is allowed to claim a minor child as a dependent and receive the tax dependency exemption. The IRS code provides that the custodial parent is the parent ...
Continue reading "Who claims the children on their taxes?" »
Posted on Mar 18, 2013 By Damien McKinney
There is currently a bill going through the Florida state house and senate that would seek to make drastic changes to the alimony law in Florida. The house bill, which is titled CS/HB 231, was ...
Continue reading "Alimony Legislative Update" »
Posted on Mar 2, 2013 By Damien McKinney
Sometimes parents will agree to restrict relocation of a minor child within a certain area. I often see agreements that prevent either parent from moving outside of Hillsborough or the surrounding ...
Continue reading "Restricting Relocation in a Parenting Plan" »
Posted on Feb 27, 2013 By Damien McKinney
A recent Fifth District Court of Appeals case held that a disestablishment of paternity action does not relieve the alleged father of any previously established child support arrearages. In Hickman v. ...
Continue reading "Disestablishment of Paternity, Arrearages" »
Posted on Feb 20, 2013 By Damien McKinney
It is a general rule in Florida family law cases that parents may not waive or contract away their child support. This is well established public policy and a court will not enter a final judgment if ...
Continue reading "Can I Waive Child Support?" »
Posted on Feb 15, 2013 By Damien McKinney
Sometimes parents have to grant custody of their children to third parties because of life events that are out of their control. Often time this third party is a grandparent or other family member. ...
Continue reading "A Third Party Has Custody of My Child. How Do I Get Him Back?" »
Posted on Feb 4, 2013 By Damien McKinney
If you are ordered to pay alimony to your spouse, the Court might also order that you secure the alimony obligation by maintaining a life insurance policy that names your spouse as a beneficiary. A ...
Continue reading "Do I Have to Maintain a Life Insurance Policy?" »
Posted on Feb 1, 2013 By Damien McKinney
Family law courts in Florida are appointing Guardians Ad Litem in cases more frequently than ever before. A guardian ad litem can be used in a family law court ( divorce, custody, paternity, etc.) and ...
Continue reading "What Is a Guardian Ad Litem?" »
Posted on Jan 30, 2013 By Damien McKinney
A Guardian Ad Litem is a court appointed person who acts as the next friend of a minor child and represents the minor child’s best interest. Once a guardian ad litem is appointed by the court, ...
Continue reading "What Do Guardians Ad Litem Do?" »
Posted on Jan 23, 2013 By Damien McKinney
Some parents are fortunate enough to pay more child support than is owed per month. The First District Court of Appeal recently made a ruling in Mayfield v. Mayfield regarding the issue of child ...
Continue reading "Can I Get Credit for Overpaying Child Support?" »
Posted on Jan 8, 2013 By Kelly Tobaygo
When most people think of a trial, they picture what they have seen on TV: a jury of their peers, and an attorney making passionate arguments trying to persuade this jury to vote in their favor. In ...
Continue reading "Jury Trials in Florida Family Law?" »
Posted on Jan 4, 2013 By Joanna Chapman
If you are in a contentious battle with your former spouse, or parent, over your child, and you want to relocate to another state, it may be tempting to leave without the other parent’s ...
Continue reading "The Ramifications of Relocating Without Permission" »
Posted on Jan 3, 2013 By Joanna Chapman
Florida Statute 61.13001(3) outlines the specific components that a person wishing to relocate after their divorce with one or more minor children must address in their “Petition to ...
Continue reading "Petition to Relocate - Making the Written Word Count" »
Posted on Dec 31, 2012 By Joanna Chapman
Florida Statute 61.13001(2) allows for parents to forgo the formal process of petitioning the Court to relocate with a minor child(ren) if there is agreement by the parties. This section applies to ...
Continue reading "Relocation by Agreement" »
Posted on Dec 3, 2012 By Kim Byrd
Your child support or alimony can generally be modified upon a substantial change of circumstances such as a reduction in your income. The restriction is that the reduction in income must be ...
Continue reading "Effect of Retirement on Support Obligations" »
Posted on Nov 20, 2012 By Kim Byrd
I have a family member whose ex-husband recently passed away. At that time my family member learned that she was not the only beneficiary of the ex-husband’s life insurance policy as was ...
Continue reading "Life Insurance and Secondary Addressee" »
Posted on Oct 18, 2012 By Kim Byrd
Florida family law courts have consistently denied parental or visitation rights sought by anyone who is not a child’s biological or legal parent. These courts cite the privacy provision of the ...
Continue reading "Parental Rights of Non-biological or Legal Parents" »
Posted on Oct 17, 2012 By Joanna Chapman
All parties to a Florida divorce proceeding with minor children or a paternity action that involves issues of parental responsibility are required to complete the “Parent Education and Family ...
Continue reading "Parenting Course Requirement" »
Posted on Oct 15, 2012 By Blair Chan
In speaking with potential family law clients, the following situation arises often, “My former spouse and I were divorced in another state and my child now lives in Florida. My former spouse is ...
Continue reading "Enforcing Timesharing Rights from Out of State" »
Posted on Oct 12, 2012 By Kelly Tobaygo
When calculating income for child support purposes, the Florida family law statutes allow the courts to consider in kind payments and impute the full amount of these payments as income to the person ...
Continue reading "Imputed Income for Child Support" »
Posted on Sep 27, 2012 By Joanna Chapman
Since 1984, Mediation and Diversion Services in Hillsborough County offers a mediation service for parties navigating family law related issues. The program has evolved since 1984 and is now equipped ...
Continue reading "Mediation and Diversion Services" »
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