Paternity

May 24, 2011

Parental Responsibility in Florida Divorce and Paternity Cases

Wood, Atter & Wolf, P.A.

Parental responsibility is a portion of any case involving children, including paternity and divorce actions a divorce lawyer in Jacksonville, many clients ask for full custody. What I first explain is that Florida now refers to visitation and custody as “time-sharing” and second, unless there is good reason (abuse, alcoholism, etc.) then the other parent has a right to have say in where the children go to school, what activities they participate on, if surgery is in the best interest of the children and all other aspects that go into parenting a child. Florida law refers to these decisions as parental responsibility and without good cause, that responsibility is going to be shared by both parents.

May 20, 2011

What Is the Difference Between a Family Law Attorney and Divorce Lawyer?

By Erlinger Family Law

Written By: Lenorae C. Atter, Attorney

Wood, Atter & Wolf, P.A.

As a Jacksonville, Florida lawyer working in family law I am often asked what a family law attorney does. Basically, family law consists of handling divorces, child support cases, paternity cases, visitation or time-sharing matters, adoptions and the like. A divorce lawyer is just a more specific way of saying the same thing as, “I handle family law cases.” When hiring an attorney to handle your divorce case or related matters, then looking for a family law attorney versus a divorce attorney or lawyer may broaden the scope in your search and better fit your needs.

May 12, 2011

Paternity and DNA Testing in Florida

By Erlinger Family Law

Written By: Lenorae C. Atter, Attorney

Wood, Atter & Wolf, P.A.

Paternity establishment can be done by either admitting and swearing to the fact that the child is that of the father (the father must sign) or by submitting to DNA scientific testing. If the father is the one petitioning the court to establish his paternal rights, then he is stating to the court that he believes himself to be the father of the child; however, the mother may contest the establishment by requesting a paternity test be done. If the mother has filed the petition, then the alleged father may move the court to require the mother to provide the child for scientific testing so that the DNA test can be completed.

May 11, 2011

Establishing Paternity in Florida

By Erlinger Family Law

Paternity cases in Florida often require two actions to be taken, such as follows:

1. A Petition to Establish Paternity: Often filed by the mother against the father, so it only requests child support the majority of the time.

2. A Counter-Petition to Establish Paternity and a Time-Sharing/Parenting Plan. This is generally filed by the father to guarantee that he has visitation with the child, which is referred to as a time-sharing plan in Florida.

May 6, 2011

In Florida, What Should I Expect to Pay In Child Support and Can I Change It If I Lose My Job?

By Erlinger Family Law

Written By: Lenorae C. Atter, Attorney

Wood, Atter & Wolf, P.A.

As a lawyer in Jacksonville, Florida, I have a number of clients that want to know what they will pay in child support. Whether they come to me for a divorce, paternity action o modification of child support there is always concern for what should be budgeted.

March 3, 2011

Unwed Fathers Must Establish Paternity In Florida To Preserve Important Rights

By Erlinger Family Law

In Florida there are several ways an unwed father can establish paternity to preserve their rights as a biological parent. Generally in Florida the biological mother’s rights are superior to an unwed biological father until he has taken steps to establish his paternity under the law. Florida Statute 742.10 governs the establishment of paternity for children born out of wedlock.

The statute provides that “if an adjudicatory proceeding was not held, a notarized voluntary acknowledgment of paternity or voluntary acknowledgment of paternity, which is witnessed by two individuals and signed under penalty of perjury as specified by s. 92.525(2), creates a rebuttable presumption, as defined by s. 90.304, of paternity and is subject to the right of any signatory to rescind the acknowledgment within 60 days after the date the acknowledgment was signed or the date of an administrative or judicial proceeding relating to the child, including a proceeding to establish a support order, in which the signatory is a party, whichever is earlier.”

The statute also provides that “both parties must provide their social security numbers on any acknowledgement of paternity, consent affidavit, or stipulation of paternity.” The father should also file a Claim of Paternity form with the Florida Putative Father Registry which charges a minor fee. If the father is not on the birth certificate he must get the mother’s permission to be added or seek an order from a court of competent jurisdiction.

February 28, 2011

Florida Mother’s Can Seek Child Support Through Establishment of Paternity

By Erlinger Family Law

Written By: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.

In Florida, a Birth Certificate signed by both a mother and father lays a presumption that the one signing as the father is the child’s biological father, however, it does not lay a foundation for the father to have rights or obligations to the child in the eyes of the law. Therefore, if you have a child and are no longer in a relationship with you child’s father and you were never married, then you must establish that the father’s paternity in order to establish his obligation to pay child support.

In order to establish paternity, you must file a petition with the court alleging paternity of the respondent and seek support for the child. The alleged father can file a counter-petition for timesharing (previously known as visitation).
If you choose not to establish paternity of the alleged father, then he does have the right to file a petition for determination of paternity so that he may establish his rights to the child. Once those rights are established, the obligation for support follows. Until either you or the father file for said establishment of paternity, the father has no legal recognition as the child’s father. However, if you ever seek assistance from the State of Florida, such as Medicaid, then the The State of Florida may require a petition for determination of paternity in order to protect the State from having to pay assistance for a child that another individual is obligated to support.

February 21, 2011

How Are Uncovered Medical Expenses Divided in Florida Cases Invovling Children

By Erlinger Family Law

Written By: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.

Florida divorce cases involving children, child support cases and paternity cases often provide for support of the children based on Florida Child Support Guidelines in Florida Statute 61.30. However, the guidelines do not address medical expenses regarding the children, except for health insurance coverage purposes. So, how does Florida divide the parental financial responsibility for uncovered medical expenses for the children?

Often, agreements reached by the parties will include language that the parties are required to equally split the uncovered medical bills. These issues recently came up in the Florida 2nd District Court of Appeals, which ruled that uncovered medical expenses should be divided in relation to each parents percentage of income, as in the child support guidelines. Zinovoy v. Zinovy, 36 FLW D34 (Fla. 2nd DCA, December 29, 2010).

So, what does this mean? Florida child support is based on the overall income of the parents. Basically, if each parent makes $5,000 per month, then the overall monthly household income is $10,000 and each parent is 50% responsibility for that amount. So, their children’s uncovered medical expenses would be divided 50/50. If one parent makes $4,000 per month and the other makes $6,000 per month, then the uncovered medical expenses would be divided 40/60. This helps maintain a fair balance based on the incomes of the parents.

February 14, 2011

Florida Child Support Cases Require Filing a Financial Affidavit and Complying with Mandatory Disclosure Documents

By Erlinger Family Law

Florida paternity and divorce cases involving children require child support to be calculated. Child support is based on the income of both parties and in order to establish that the Court does not simply accept testimony. So, how do parties actually provide proof of their individual incomes?

Florida divorces are ruled by Florida Family Law Rules of Procedure, which requires that both parties file a financial affidavit. A financial affidavit details the monthly expenses of the individuals including their income and expenses. In addition to personal expenses, the financial affidavit requires the children’s expenses be calculated as well. That way the court knows which parent is paying for childcare and the child’s health insurance, which all goes into the child support calculation. Since it is an affidavit, the parties must sign and have the affidavit notarized.

In addition to the financial affidavit, the parties are required to provide documentation outlined in Mandatory Disclosure, also detailed in the Florida Rules of Family Procedure. Some of the documents required are the following:

a) At least three (3) months of bank statements for all accounts held individually and jointly. Joint accounts are any accounts with the party’s name on them, including those held for elderly family members.
b) At least three (3) months of paycheck stubs. If you are paid hourly and work overtime, it is a good idea to provide as many months as possible.
c) Any and all loan applications filled out by the individual or done as a cosigner. This documentation often has questions related to your income and allows the Court to see what type of loans you may have outstanding.

All of these items help establish the actual income of each party and what the children’s needs are. Child support is based on the combined income of the parties and what each individual’s percentage of contribution is to that combined amount.

February 4, 2011

A Social Investigation for a Parenting and Time-Sharing Plan is a Helpful Tool in Florida Divorce, Paternity and Modification Cases

By Erlinger Family Law

Written By: Lenorae C. Atter, Attorney

In Florida divorce, paternity, modification or other family law cases involving children, if the parents cannot agree on a parenting and time-sharing plan, then the Court may order a social investigation per Florida Statute 61.20.

A social investigation can be a helpful tool in deciding where the children will reside the majority of the time. When the court orders a social investigation, then the court may appoint the individual handling the investigation by the court’s own preference or by agreement of the parties. When the investigation is ordered by the court, the investigator is required to be a qualified staff of the court; an agency that works in child placement and licensed under Florida Statute 409.175; a licensed psychologist; or a licensed clinical social worker, marriage and family counselor, or mental health therapist.

Once the investigator is appointed, the parties and children will attend sessions with the individual and a final report with recommendations for a parenting and time-sharing plan will be provided to the parties and to the court. While the investigation is helpful and often relied upon, it is not a final statement of what will be ordered by the court. The parties can still discuss the parenting and time-sharing plan and may agree on terms that were not necessarily recommended in the report. The court may also review the report and deviate from the recommendations if the parties are still not able to reach an agreement. What the report does provide is a detailed analysis of the situation so that the court can ultimately rule in the best interest of the children, which is the standard in Florida for determining issues involving children.