Can the court order a paternity test in Florida?
According to Florida law, the court can order a paternity test on its own motion. The court may require the child, mother, and alleged father to submit to scientific tests to show paternity. However, it's not always necessary for the court to order a test. If no one...
What does shared parental responsibility mean in Florida?
According to Florida statutory law, shared parental responsibility means: “Shared parental responsibility” means a court-ordered relationship in which both parents retain full parental rights and responsibilities with respect to their child and in which both parents...
Does child support increase if salary increases in Florida?
According to Florida law, a substantial change in the paying parent's income is itself sufficient to constitute a change in circumstances warranting an increase in child support without a demonstration of increased need: Schou argues that requiring the financial...
What is alimony?
According to Florida case law, alimony is a form of financial support to provide for the needs and necessities of life that a court may grant to either party during a proceeding for dissolution of marriage: Support is a payment to provide for the need and necessities...
Child Support: What is reasonable cost for health insurance?
According to Florida law, health insurance is presumed to be reasonable in cost if the incremental cost of adding health insurance for the child or children does not exceed 5 percent of the gross income of the parent responsible for providing health insurance: b) Each...
Can a court refuse to impute income for child support?
According to Florida law, the court may refuse to impute income to a primary residential parent if the court finds it necessary for the parent to stay home with the child: Income on a monthly basis shall be imputed to an unemployed or underemployed parent when such...
What is imputed income?
According to Florida case law, imputed income is what a spouse is able to earn, above and beyond what the spouse actually earns: “[W]hen one party is entitled to permanent periodic alimony but the other spouse has no current ability to pay, the trial court should...
Do a ward’s wishes control the choice of guardian?
According to Florida law, the wishes of the ward are considered in appointing a guardian. However, they are not controlling: Hence, under section 744.312, “a person who is related by blood or marriage to the ward” receives preference in appointment. But, the inquiry...
Should custody change be a penalty for missed visitation?
According to Florida law, transfer of child custody from father to mother was not an appropriate sanction for father's contempt in failing to deliver children for visitation with mother, where there was no finding that a change in custody was in best interests of the...
Must court hold one in contempt for violating parenting plan?
According to Florida case law, there is no law that requires a trial court to hold a person in contempt for violating a time-sharing parenting plan, and a trial court does not abuse its discretion simply by declining to do so: Under Florida law, “[t]here is nothing...