For over 38 years our Law Firm has been fighting for our client’s best interest at hearings, mediation, and trial. Our Law Firm knows how to efficiently handle your paternity case from start to finish.
Child(ren) Issues:
Just being listed as the Father on your child(ren)’s birth certificate does not give you any legal rights to your child(ren). Unlike child(ren) born during a marriage, in order to have any rights regarding your child(ren) such as timesharing, shared parental responsibility, relocation, etc. you must have a judicial determination that you are the legal father.
Child Support:
In order to determine your child support obligation the Court will first determine each party’s net income. Your net income is determined by subtracting allowable deductions (federal taxes, Medicare, your health insurance, mandatory union dues, and mandatory retirement) from your gross income.
A party’s housing expense, car payment, utilities, etc. are NOT considered when calculating child support. However, if someone is self-employed reasonable, ordinary, and necessary expenses for the business may be considered when determining the business owner’s net income.
Your child(ren)’s health insurance premiums and daycare/after care expenses are also part of the child support calculation.
The other main factor that is considered when calculating child support is the timesharing arrangement between you and your child(ren)’s parent. For example, if a Father has more than 72 overnights per year than his child support obligation would be adjusted based on the number of overnights that he has with the child(ren). Therefore, the more overnights (over 72) that a parent has with the child(ren) could reduce the parent’s child support obligation.
Timesharing:
The State of Florida no longer makes a custody determination between the parents. Instead, the Court establishes a parenting plan, whereby each parent has timesharing with his or her child(ren). Some of the factors the Court will consider in determining the timesharing schedule between the parents are:
- Work schedules;
- Living accommodations;
- Parent’s criminal history.
That while these are only three examples there are many more factors that the Court will take into consideration, the most important factor being your child(ren)’s best interest.
Parental Responsibility:
In the State of Florida there are two types of parental responsibility:
- Shared Parental Responsibility
- Sole Parental Responsibility
Shared Parental Responsibility is when two parents discuss and mutually agree on all major issues (i.e., medical, education, religion) in regard to their child(ren)’s well being. In the event you and your spouse cannot mutually agree on a major decision for your child(ren) then either party can request the Judge to make the determination as to what is in your child(ren)’s best interest.
Sole Parental Responsibility is when one parent solely makes the decision on all major issues (i.e., medical, education, religion) in regard to their child(ren)’s well being. This designation of sole parental responsibility is granted in limited, special circumstances. For example, if a parent has abandoned their child, or is incarcerated it is difficult for the parents to communicate in regard to their child.
We have the knowledge and experience to handle your legal needs in order to protect you and your family.
For additional information or questions regarding a Paternity case contact Attorneys at Law Joseph M. Corey, Jr., P.A. at (305) 557-1750 for a FREE Consultation. Payment plans available and credit cards are accepted.
Office hours are Monday to Friday from 8:00 am to 7:00 pm and Saturday from 9:00 am to 1:00 pm.
Our Law Firm serves clients residing in cities throughout the State of Florida but in particular, Belle Glade, Boca Raton, Coconut Grove, Coral Gables, Davie, Delray Beach, Doral, Ft. Lauderdale, Hialeah, Homestead, Islamorada, Jupiter, Key Largo, Kendall, Marathon, Miami, Miami Beach, Miami Gardens, Miami Lakes, Miami Shores, Miami Springs, Miramar, Palm Beach, Pembroke Pines, Plantation, Sunrise, and Tavernier.
