An Income Withholding order is a uniform order that instructs the employer of a paying parent to withhold child support or alimony from that employee’s paycheck. The employer sends the funds to the Child Support Disbursement Unit where it is then disbursed to the receiving parent. If a parent is terminated from an employer who is following an Income Withholding…
Helping Good People At Their Worst Times
Year: 2014
Where can I file a modification of a custody action?
The initial answer would be the state that initially had jurisdiction to enter the original order continues to have the best claim for jurisdiction for a modification of the order; however, if both parties have moved from that state, the court’s would look to the home state of the children at that time. A home state is defined as the…
If I am pulled over without having my driver’s license on me, will I get arrested?
The answer is maybe. If your driver’s license record is checked by the law enforcement and it shows that the license is in fact suspended, the officer has discretion to arrest you because it is in fact a crime to knowingly drive without a valid driver’s license. It is common for a driver to not know his license is suspended.…
I wrote a bad check 5 years ago. Can I be prosecuted?
In Florida, if the check is less than $150 it is a misdemeanor of the first degree which carries a maximum of 1 year in county jail. It is subject to a 2 year statute of limitations. This means that the prosecution/State attorney must file charges against you within 2 years of the date written. If they file more than…
Is my inheritance a marital asset?
NO. Your inheritance, if it was given to you and you alone is a separate property free from your spouse’s claims; however, if you combined that money in a joint account with your spouse, he/she may have a claim to it. If you used it to pay marital bills, your spouse could also have a claim to it.
How is child support calculated?
In Florida, there is an actual guideline that a court will follow to establish a child support obligation. The base amount is calculated by adding both parent’s net income together and then looking on the chart for the correct number of children. The amount on that chart shows what both parents are expected to spend on their children. The court…
Putative Father Registry
What is the putative father registry? When a father suspects that a women with whom he has had sexual relations becomes pregnant with potentially his child, he must register. The purpose of the registry is to permit a man alleging to be the unmarried biological father of a child to preserve his right to notice and consent in the event…
Alimony was awarded to me in my first divorce, but when I remarried, I lost it. If I divorce my second husband, will I get the alimony back from my first husband?
Alimony, if awarded in a long term marriage, is most often permanent and will last until the receiving spouse remarries or a substantial change occurs, for instance if the paying spouse retired. Divorcing your second husband does not then make your first husband begin making payments again. The second husband might be required to pay alimony; however, the second marriage…
Primary parent
I am the father and want to be the primary parent of my children, is that possible? After October 2008, the legislature removed the designations, Primary and Secondary Parents. Now the parties are simply referred to as, “Parents.” After 2008, the issue is what timesharing that each parent is entitled to exercise. And yes, a father can get the majority…
Is it against the law to refuse to blow into a breathalyzer?
If you look on your driver’s license, you will see in fine print that the state of Florida deems the right to drive as a privilege. If an officer has a reasonable belief that a driver is impaired by drugs or alcohol, the person is brought to the county’s jail. There, the individual is asked to breathe into a breathalyzer. The…