Orlando Child Support Lawyer
An Orlando child support lawyer should ask if you know that child support is based on Florida Statute 61.30, Florida’s Child Support Statute. The Statute is not easy to interpret, but it offers a lot of information if you know how to read it like a lawyer. Clients often ask about waiving child support. Many clients ask their attorneys to waive child support because they do not want to pay, and/or do not want the other person to have to pay. Logically, many clients believe that by waiving their legal right to alimony or child support, that such amicability will lead to better co-parenting and an amicable resolution to a Florida family law case. However, despite this “noble” intention and purported olive branch, child support cannot be waived in the state of Florida. Jonathan Jacobs is an Orlando child support lawyer that offers a free initial consultation when you want to determine your rights as a parent or guardian and payor or payee (recipient) of child support.
Florida’s Child Support Statute
As an Orlando child support lawyer, we know it is important to inform clients of their rights and of their responsibilities. Child support cannot be waived, as we discussed above, because of Florida’s child support Statute. However, there is a legal principle based on a Latin term, called “de minimis”. De minimis means that the money is in such a small or negligible amount. Some Florida courts, and some Florida family law judges, will allow the parties in a paternity or dissolution of marriage suit to request the nonpayment of child support. This request may be granted under certain limited and narrow circumstances.
For example, if the amount to be paid in support payments is under $50 ( just a hypothetical number), and if the parties are resolved to the fact that they do not want the payment of support, the court may consider their request. If child support is waived, it will be because the amount is de minimis and there is a mutual agreement among the parties that they will govern their own affairs for the best interests of their children. Some jurisdictions will require the parties to file a motion for a downward departure of child support to justify their request. Call the Jacobs Law Firm, PLLC an Orlando child support lawyer dedicated to helping its clients.
Jacobs Law Firm: Orlando Child Support Lawyer
Florida’s child support Statute also provides that the payment of child support is based on many factors. Proving how much is owed by both parties (remember that child support is mutually calculated) is based on statutory factors that your Orlando child support lawyer can help prove in discovery and in court. Alimony and child support are often calculated separately despite their obvious impact on each other. Paternity cases do not involve alimony.
Whether you would like to stop paying an “excessive” amount of child support (a petition for modification), or if you would like to get help with pursuing a court order for child support against a nonpaying party, call Jonathan Jacobs, from the Jacobs Law Firm, an Orlando child support lawyer, for help with your child support case today.
Jonathan Jacobs is a divorce lawyer in Orlando FL.