Time Sharing Arrangements

Raising your children is important to any parent who desires to take part in their child’s life. In a divorce or paternity case, child visitation agreements (also called “time-sharing” agreements) are usually made and agreed upon by both parents. It is very important to adhere to these visitation agreements, because if a visitation right is refused, that refusal can be grounds for re-evaluation of the agreement, resulting in the offending party possibly losing some of their time with their child.

If you have been refused visitation, or if you need to discuss your options, we have the experience and intimate familiarity with Florida time-sharing laws that can help you. Parents have the right to participate in their children’s upbringing, and we want to ensure that your rights are upheld in every aspect. Every step of your case, from the initial consultation with an attorney all the way through trial, if trial is a necessary step, will be handled with professionalism and skill.

Florida child visitation law is quite complex and successful navigation virtually always requires experience and intimate familiarity. Whatever questions you may have about your case can be answered by the attorney handling your case. Our team of lawyers and paralegals will always be available to support you and help you throughout every step of your association with us. We are dedicated to protecting you and your family, and we will always aggressively uphold your rights. Your children are important to us, and we want to help smooth the way through this difficult time.

Child Support

Under Florida law, both parents have a duty to support their minor children. When parents separate or divorce, the Court calculates the amount of support to be paid using the Florida Child Support Guidelines. To determine child support, the court examines each parent’s monthly income, day care costs for the minor children, health insurance costs for the minor children, the amount of overnight time-sharing with the minor children, and several other factors, to arrive at a fair amount to be paid. This resulting amount is what is generally ordered by the Court; however, the Court may deviate upwards or downwards depending on a number of factors.

Typically, child support is paid for each minor child until that child reaches the age of eighteen, or if the child is still in high school at age eighteen, then until graduation from high school.

At The Law Office of Dodger Arp, we understand that child support can be delicate issues, and we work diligently and efficiently to make sure that your children are awarded the amount of support that the law requires.

Paternity

Any woman who is pregnant or has a child, or any man who has reason to believe that he is the father of a child, or any child, may bring proceedings to determine the paternity of the child when paternity has not been established.

Paternity and parental rights must be established before you can file a claim for child support, time-sharing, or parental responsibility. Even if you’re not married, once paternity is established, you should have the same rights as though you are a divorced parent.

If you know you are the father of your minor child and you want to be involved in that child’s life, you should be able to gain access to your child once you have established paternity. If you are a mother who needs child support from your minor child’s father, establishing paternity should allow you to obtain a child support order as well as life insurance on the father for child support.

Generally, if a paternity action is contested, the parties will undergo scientific testing to show a probability of paternity. Test results are admissible in evidence, and a statistical probability of paternity of 95 percent or more creates a rebuttable presumption that the alleged father is the biological father of the child. If a party fails to rebut the presumption of paternity which arose from the statistical probability of paternity of 95 percent or more, the Court may enter a summary judgment of paternity. If the test results show the alleged father cannot be the biological father, the case shall be dismissed with prejudice.

Other Factors That Will Determine Paternity Legally Include:

• The minor was conceived or born while the father was married to the mother;
• The minor is the man’s child by adoption;
• The minor had been established by court proceeding to be his child;
• The father has filed an affidavit of paternity by acknowledging paternity in conjunction with the child’s mother at the hospital at the time of the child’s birth; or by subsequently filing an acknowledgement of paternity in conjunction with the child’s mother with the State Office of Vital Statistics, both of which constitutes the establishment of paternity as provided for in section 742.10, Florida Statutes.

Modification

Court orders and agreements between the parties in Family Law cases are not set in stone. If circumstances between the parties change “substantially”, it may be possible to modify a previous court order or even an agreement made between the parties. The most common modifications in such circumstances are in child support, Alimony and Minor Child Time-Sharing.

Modification of Child Support

The first type of modification case is a child support modification. Child support modifications should be sought when there is a “substantial change in circumstances” which would either increase or decrease the amount of child support to be paid or received by a party. For example, events that may establish a substantial change in circumstances are the loss of a job or other substantial decrease in income, a substantial change in day care expenses for the child, a substantial change in the health insurance expenses for the child at issue or in multiple child orders, a child graduating from high school or turning 18 years old.

It is extremely important to note that you can only receive credit for overpayments retroactive to the date of filing. If you have experienced any of the substantial changes above, you need to file immediately so that proper credit can be obtained from the Court for any surplus payments.

Modification of Alimony

Modification of alimony is very similar to child support in that the changes that often lead to a change in child support payments often lead to a substantial change which would constitute grounds to modify an amount of alimony. A few differences exist between the two, however. First, some alimony is non-modifiable. If you signed a settlement agreement agreeing to non-modifiable alimony, you will not be able to change your payments even if a substantial change occurs. Second, the term of alimony is usually non-modifiable. This means that you may be obligated to pay permanent alimony forever, but the Court has the ability to modify the amount.

Modification of Timesharing

Modifying timesharing is always an option when children are involved. In order to modify time sharing, you need to allege and ultimately prove a substantial change in circumstances. Once you meet your burden of showing a substantial change in circumstances, you also have to demonstrate to the Court that the requested change is in the “best interest of the child” according to Florida Statute 61.13.

Enforcement

Unfortunately, a Court order goes ignored by a party who decides that they simply do not want to follow it. The good news is that the Court has Contempt or Enforcement powers to enforce prior Court orders. If you are seeking to enforce a child support or alimony obligation against a party who refuses to pay, you can file a Motion for Contempt and the Court will hear your arguments and enforce the order appropriately. The Court has several tools to use to force the other party to meet their obligations. For example, the Court may order a “purge” amount, which is a lump sum payment the other party must make or face incarceration. Sometimes, the Court can order wage garnishment via an Income Deduction Order to ensure that your payments are received.

As additional compensation, the Court has the ability to award you your reasonable attorney’s fees and costs for having to go through the time and expense of filing the Motion and arguing its merits at a hearing.

If you are seeking to enforce a child support or alimony obligation, contact the firm today so that we can immediately file for contempt/enforcement on your behalf. It is time for you to regain control of the situation and not be at the mercy of a party who willfully ignores a Court order.

Divorce Law

Divorce in Florida is referred to as “dissolution of marriage.” Florida is a no-fault divorce state, which means that fault grounds, such as adultery, are not required to obtain a divorce. A spouse need only claim that the marriage is irretrievably broken. Additionally, at least one party must have been a Florida resident for six months prior to the filing of a Petition for Dissolution of Marriage.

Normally, there are two approaches to dissolution of marriage cases: uncontested and contested. An uncontested divorce is preferable, as it costs less money, usually is not as stressful and involves fewer court appearances, and moves more quickly to conclusion. Uncontested divorces occur when both spouses are able to agree on all the terms of their divorce: time-sharing of the children (custody), child support, the amount and duration of alimony, and division of their assets and debts. This usually takes some time to come to an agreeable compromise. If both parties agree, a Marital Settlement Agreement is signed by both parties, which is then presented to the Court for ratification.

A contested divorce, on the other hand, occurs when the parties cannot agree on any or all issues, whether it be how much time each parent will get with their children, how much alimony should be paid, how property should be distributed, who is responsible for which debts, or any other potential issues depending on the complexity of the parties’ marriage and lifestyle. If the parties cannot agree, one party (the Petitioner) files a Petition for Dissolution of Marriage, and the other party (the Respondent) is served. If you get served with a Petition for Dissolution of Marriage, it is important to take action quickly, as you must file your Answer within 20 days. It is possible for a dissolution of marriage or divorce to begin contested and eventually become uncontested if the parties are able to resolve their issues during the pendency of the case.