Articles Posted in Family Law

visitation during paternity actionWhen a man is not named on a child’s birth certificate, a paternity action is needed to determine that the man is the child’s biological father and to establish his rights and responsibilities. A paternity action is the legal process used to establish the paternity of a child. This is most often done by using DNA analysis of a swab test or a blood test. In the state of Florida, a paternity action may be filed by the child’s mother, the man involved or even by the child.

Some of the reasons a paternity action may be needed include:

• To verify a child’s identity or to give a child a needed identity.

divorce disclosuresIn a divorce or family law case, people are often concerned that their former spouse or significant other will not be entirely straightforward with their financial information. Through a procedure called mandatory disclosure , the state of Florida mandates that each party is fully informed about the other party’s financial situation.

In simple terms, a mandatory disclosure means that the financial information of both parties in a divorce or other family law case are required to be disclosed. It specifically requires that financial affidavits be exchanged, and this requirement is not able to be waived. Mandatory disclosures must be filed within 45 days of the case being served. They must also be continually updated whenever there is a substantial change in one of the party’s financial circumstances.

On top of the financial affidavit, there are additional documents required which help demonstrate the debts and assets of each party. These documents are furnished as a way to support the numerical figures on the affidavit. Some of these documents may not always be necessary and can potentially be waived if agreed upon by both parties.

refuses to pay child supportDealing with a former spouse who is not paying their court-ordered share of child support can be an unfortunate hassle. Left with this financial and emotional burden, you may feel like you’ve made every attempt to collect but just aren’t getting anywhere. You may even be at the point where you’re asking yourself, “is withholding visitation an option?”

The answer to that question is no. You cannot refuse visitation if your ex is not paying child support. While you may be able to have your ex-spouse’s visitation rights modified in court, withholding visitation rights is considered custodial interference. Child support and visitation rights are two separate issues that should not be confused.

  • Child support is determined in court, and must follow the guidelines of the Child Support Enforcement Act. These guidelines vary from state to state. The factors that are looked at include the child’s needs (health care, education, child care, etc.), the income and needs of the custodial parent, the paying parent’s income and the child’s standard of living before the divorce or separation.

It depends. In the Sorgen case the Florida 4th District Court of Appeal tackled this issue. In this case, prior to the marriage, the wife had inherited a home with her sisters. Subsequent to the marriage, she bought her sisters out and used marital funds to pay taxes on and to renovate the home. The appellate court found the home was a marital asset because the asset had been “comingled.” The moral of the story is to be careful with inherited funds or assets. Depositing inherited funds into a joint account, where such funds become untraceable, can make those funds a marital asset subject to division by the court. Using marital funds for the benefit of an inherited asset might also cause an asset to be considered marital. If you are divorcing and you have inherited assets, you should consult with a qualified attorney regarding these issues. At Parker & DuFresne, P.A. we can guide you and advise you through a divorce involving complicated issues. Don’t short-change yourself, call us for a consultation today at (904) 733-7766.

Yes the number of overnight visitation exercised may affect what you pay in child support! A New Florida Statute on overnight visitation went into effect on May 12, 2014. Prior to this statute, only overnight visitation exercised pursuant to a court approved parenting plan could be counted in making a child support calculation. Now overnights exercised pursuant to an agreement by the parents can be counted for child support calculations. Get advice from an experienced attorney about your child support obligation and your overnight visitation. Contact Parker & DuFresne, P.A.. You can’t afford not to.