Kaba & Associates, P.A.

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Family Law

Children

Child Support

Under Florida Law, the non-custodial parent is required to pay child support to the custodial parent until the minor child reaches the age of eighteen years, or, if the child is still in high school, the child either graduates or reaches the age of nineteen years. The amount of child support is determined by the parties

net incomes and must be in conformity with the Florida Child support guidelines.

Child support payments are applied toward things such as:

The child’s shelter
The child’s health insurance costs
The child’s medical and dental expenses
The child’s food
The child’s clothing
The child’s schooling expenses

When awarding child support, family law courts will follow state mandated guidelines. These guidelines consider each parents monthly income when calculating and determining child support awards.

The court has the right to increase or decrease child support payments when it is in the best interest of the child. Child support payments can be modified based on the following considerations including, but not limited to:

· Income increase or decrease of either parent
· Remarriage
· Change in custody rights
· Extraordinary medical, psychological, education, or dental expenses
· Special needs of the child
· Age of the child

Because child support is a court order, it is against the law for the payor to not make the obligatory payments. Under the Child Support Enforcement Act of 1984, federal laws allow courts to intercept tax refunds, seize property, or suspend business licenses to enforce child support orders. If these attempts don’t work, the payor may be held in contempt of court and face jail time.

Stepfather: A stepfather is not obligated to support the children of the woman to whom he is married unless he legally adopts the children.

Our purpose is to offer skilled, experienced, and knowledgeable legal counsel to our clients, to protect their rights, to protect the best interests of children, and to serve as a guide through the complexities of family court.

Child Custody & Visitation

If you are a parent considering divorce, or if you are already involved in the process, you are probably wondering how child custody and visitation issues are resolved in a divorce. In general, like all aspects of a divorce -- including property division, child support, financial division, and spousal support (alimony) -- child custody and visitation will either be decided by agreement between the divorcing couple with the help of an attorneys by the court. More specifically, custody and visitation decisions are typically resolved in one of two main ways in a divorce:

1. Parents reach an agreement on child custody and visitation, as a result of:

- Informal settlement negotiations with the help of an attorneys or

- Out-of-court alternative dispute resolution proceedings like mediation or "collaborative law" with the help of an attorney.

2. Court makes a decision on child custody and visitation (usually a family court judge).

Determining which parent will have the primary residence of a minor child is an important issue which must be decided by the parties. The child's current and future needs should be taken into consideration as well as each parent's relative living conditions, financial situation and overall caretaking skills.

Child custody is a very tough area of law. When deciding upon the placement of a child, the Florida courts must consider what is in the child’s “best interest”.

The court will consider things such as, but not limited to:

The psychological state of each parent
The child’s preference (at a certain age)
The parents financial situations
The parents willingness to allow visitation
The history of domestic violence, if any
The child’s current daily routine

After closely considering each of these issues, the judge will grant custody to the wife, husband, or both. In cases where both parents are ruled unfit, child custody may be granted to a legal guardian.

We can be an instrumental player in your efforts to obtain child custody. We can familiarize you with child custody laws and statutes in the State of Florida so that you may make every effort to protect the best interest of your children.