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Gainesville Child Support Attorney

Florida Child Support- Recent Changes

Mar 16th, 2012
by Mark Dubose.
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GAINESVILLE CHILD SUPPORT ATTORNEY

Florida child support laws have recently undergone a number of dramatic changes.  The child support attorneys at Alba & Dubose PA are experienced with and knowledgeable about all these changes.  One change set to go into effect October 1st requires that trial courts anticipate changes to a persons child support obligations based on a child reaching age 18 or otherwise no longer being eligible for child support.

Previously, when a child reached age 18 or otherwise was no longer eligible for child support, the parent obligated to pay child support was required to file documents with the court requesting that the court terminate the child support.   Otherwise, the child support due continued to accrue and be due even if the child support was eligible to be terminated or reduced because only one child eligible for child support remained.  This created problems for parents who were ignorant of the requirement to terminate and was very unfair.

In order to remedy this problem, the statutes now require that the court provide for how the amount of child support will be modified once an older child is no longer eligible but others remain eligible.  For instance, if there are 4 children under age 18 and the total child support due from one parent is $1,500.00, the court must determine, at the time of the initial child support order how much the child support will be reduced as each child reaches age 18.  The court must apply the child support guidelines for this purpose.  In this instance, the child support might be reduced by $300.00 as each child reaches age 18 ($1,500.00 for 4, $1,200.00 for 3, $900.00 for 2, $600.00 for 1) until there are no longer any eligible children and the child support terminates completely.

If you have concerns about child support, we are hear to help.  Put our knowledge of child support rules and guidelines to work for you to ensure that you are paying or receiving the proper amount of child support.  We can help with modifying, establishing or terminating child support.  Call our child support attorneys Gil Alba and J. Mark Dubose now.

CHILD SUPPORT-calculating it when income is not known

Jan 12th, 2012
by Mark Dubose.
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Gainesville Child Support Attorney discusses establishing child support with unknown income

The law in Florida related to the establishment of child support is constantly changing. The Florida Legislature recently enacted some very important legislation regarding child support. These amendments to the calculation and determination of child support are effective beginning October 1, 2010. Amendments to 61.30(2)(b) provide for imputing or assigning an income to a party who does not provide current, accurate income records. This is now allowed to be done by allowing for a rebuttable presumption that the parent has at least the income equivalent to the median income of year-round full time workers as established by current population reports published by the United States Bureau of the Census. Previously a party could simply refuse to cooperate with establishing an income amount for them for purposes of calculating child support and require the party requesting child support to incur extreme expense in proving an amount of income to impute. Typically when this occurred, the court could only impute minimum wage to the party which often was much less than what they were actually capable of earning.

Furthermore, a Trial Court is now authorized to impute an income to a party that is greater than that party has ever actually earned. However, this can occur only if the party in question was recently degreed, licensed, certified, relicensed, or recertified and thus qualified for a higher income. When doing so, the Court must consider the existing time sharing plan and their geographic location.

Establishment of child support can be a complicated process. You should seek experienced legal counsel to help. Call our office at 352-327-3643 to speak to an attorney right away. We can help.

Paternity

Nov 12th, 2011
by Mark Dubose.
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Gainesville Paternity Attorney

As a skilled paternity attorney serving Gainesville, Florida, both J. Mark Dubose and Gil Alba are familiar with the emotional strain and legal ramifications of paternity suits. The Law Office of Alba & Dubose P.A. is sensitive to the rights of both parents and understands the importance of paternity on child custody, time-sharing and child support. Our practice believes that healthy parental relationships are vital to your child’s development. Establishing paternity is the first step.

What is Paternity?

Paternity is the legal recognition of a parental relationship between a man and a child. By acknowledging paternity, the man assumes all parental responsibilities and duties. In Florida, as in most states, paternity is not automatically assigned at birth. A child born out of wedlock does not have a legal father until paternity is properly established. Even if a father’s name appears on the birth certificate. Alternatively, if a child is born to a wed mother, her husband is the presumed father.

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Visitation

Nov 11th, 2011
by Mark Dubose.
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Gainesville Visitation Attorney

As practicing attorneys serving Gainesville, Florida, both Gil Alba and J. Mark Dubose handle visitation or what is now know as timesharing issues. Mr. Alba and Mr. Dubose identify with the emotional strain and complex choices associated with setting a timesharing schedule. The Law Office of Alba & Dubose P.A. strives to simplify this process and provide its clients with a clear workable time-sharing schedule that allows you as a parent to enjoy time with your child.

What is a Visitation Schedule?

A visitation or time-sharing schedule outlines when each parent will spend time with their child. It specifically dictates how weekends, holidays, birthdays and special occasions will be shared. Generally speaking, all parents have the right to spend time with their children. (more…)

Child Support

Nov 11th, 2011
by Mark Dubose.
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Gainesville Child Support Attorney

Our experienced child support attorneys serving Gainesville Florida, Gil Alba and J. Mark Dubose recognize the financial strain and emotional hardship associated with child support issues. With this in mind, The Law Office of Alba & Dubose P.A. strives to provide its clients with a clear and complete understanding of the child support process. From filing the proper pleadings, to drafting the order and collecting payments, we will guide you through each step of your individual case.

How is child support calculated?

Child support is calculated through examination of the parent’s finances and consideration of what is in the child’s best interest.

Florida courts will structure a child support order based on the Florida child support guidelines outlined by the state legislature. These guidelines use the net income of both parents, the number of children involved and the children’s health insurance and childcare costs. Net income is defined as gross income minus allowable deductions and includes any bonuses, benefits, etc.

Allowable deductions include:

  • Federal, state, and local income tax deductions, adjusted for actual filing status and allowable dependents and income tax liabilities.
  • Federal insurance contributions or self-employment tax.
  • Mandatory union dues.
  • Mandatory retirement payments.
  • Health insurance payments, excluding payments for coverage of the minor child.
  • Court-ordered support for other children which is actually paid.
  • Spousal support paid pursuant to a court order from a previous marriage or the marriage before the court.

Additionally, courts may alter the child support order in order to consider the child’s best interest. These considerations include:

  • Extensive medical, psychological, educational or dental expenses of the child
  • Age of the child, older children have greater needs
  • Special needs of the child, for instance in the event of child’s disability
  • Seasonal variations in parental income (more…)

Divorce

Nov 11th, 2011
by Mark Dubose.
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Gainesville Divorce Lawyer

Going through the process of dissolving a marriage is never easy, but with the help of an experienced divorce lawyer in Gainesville, it can be handled in an efficient, positive, and drama-free way. If you’re considering a divorce, contact the experienced attorneys at The Law Office Of Alba & Dubose, P.A, and let us advise you of your options, as well as explain the possible consequences of each step you take. When you have a trusted legal expert in your corner, you’ll never be left wondering if your decisions are the right ones.

In the state of Florida, fair division of marital assets is the standard procedure during the dissolution of a marriage. This means that virtually anything you own, including your business, could be declared a marital asset if you fail to prove otherwise, or did not sign a prenuptial agreement. If this happens, not only is your business vulnerable to becoming partly your former spouse’s property, it also skews the numbers when it comes time to decide on issues such as alimony and child support.

We have a combination of assertiveness, eloquence, and a nuanced understanding of the law that has helped us successfully represent many of the area’s most illustrious residents and prosperous businesses. We have what it takes to help you, too.

The best way to protect yourself, and your assets, is to contact a knowledgeable and experienced divorce lawyer in Gainesville. The highly educated and aggressive legal team at The Law Office Of Alba & Dubose, P.A. is familiar with not only the family court, but business and financial law. Call us today for a free consultation, and take a step toward the next chapter of your life.

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