Florida Child Support Guidelines Worksheet

In Florida child support for divorcing couples is almost always mandatory, and is generally calculated before the judge signs the final order of dissolution of marriage. Sometimes when a couple has agreed upon an amount for child support, the court will approve that amount. But, unless the agreed upon amount is close to the amount which would be awarded in the child support guidelines, the judge is likely to reject it. Whether parents have agreed upon an amount or not, the child support calculation is necessary. 

 Pro se litigants and some document preparers struggle to prepare the child support guidelines worksheet as the form itself may seem daunting. For reasons way above my pay grade, the automated calculator on the Florida Supreme Court's site has been removed. I have located an unofficial calculator - https://floridachildsupportcalculator.com/calculator – which works almost as well. The unofficial version does not create the form like the Florida Supreme Court approved form did, however, the form itself is easy enough once you have the amount calculated. 

The first thing to realize is that there is no way to calculate child support until both parents' Florida Family Law Financial Affidavits are side by side. And, the parents need to have decided how many overnight visits the children will have with each parent. Then follow the steps on the form or plug the numbers into the calculator. 

 Besides each parents' net income (Line 27 on their financial affidavit); you also need to know: 

which parent is paying for the children's medical insurance, and uninsured medical bills, and how much; 

which parent is paying for the children's daycare or after school care and how much, if any; 

the children's number of overnights with each parent; 

*the parents' combined incomes associated with the number of children subject to this child support. 

 *You'll find this number in the Florida Statutes and also in the Florida Supreme Court approved form and the unofficial form. Use the table to find the number to start with. Go down the rows from the column heading at the top that says: Combined Monthly Available Income. Then once you find the column for the correct number of children, you've also found the starting amount for child support. The unofficial calculator finds that number for you, but its good for you to know how this actually works.

 If you are a pro se litigant and need help calculating your child support. Please contact us at 800-515-0496.

How Does the Judge Decide Child Support?

How does the judge decide child support?

The short answer is that the judge doesn't decide child support at all. Child support is per Florida Statute 61.30 Child support guidelines, and is based on a few bits of information and a mathematical formula applied to it. The information required is the same information required for the Family Law Financial Affidavits and Parenting Plan. Once both parties' financial affidavits and the parties' parenting plans are available the child support amount can be calculated.

The information required is:

Both parties' net income;

Which parent is paying for and amount paid for after school care or child care (if any);

Which parent is paying for the child or children's medical insurance and uninsured medical expenses; and

Number of overnight visits the children spend with each parent.

All of this information, except for the number of overnight visits, is taken from the parties' financial affidavits. The number of overnight visits is taken from the parenting plan.

Within the Florida Statutes and also on the form Child Support Guidelines Worksheet there is a table to find the amount of child support that both parents need to contribute based on the parents' combined incomes. The table has rows to find combined income amounts, and columns for the number of children. Once that amount is found, all the other information is applied.

Frequently, parents' incomes are not identical, and the number of overnight visits are not exactly half and half. So a percentage of child support is assigned to each parent, and the difference between the two amounts is paid to the parent earning the lesser amount or having the child with them the most. The Florida Supreme Court has a web form that automatically calculates the amounts. But, preparing the Child Support Guidelines Worksheet is not difficult, with a calculator and a little time.

Because of the information required to calculate child support, the financial affidavits and the parenting plan must be completed first.

Sometimes, especially in magistrate's court, the parties will be told to simply provide their last three pay stubs, and somehow, child support is calculated from that information alone. Beware this process, as it does not provide a full financial picture.

The court recognizes that although a child support order is a binding court order -- circumstances change over time. The basis for a modification of a child support order is the existence of substantial change that affects any of the parties.

"Substantial change" has many definitions. Specific definitions of substantial change are best found in case law. However, in general, substantial change for modification of child support is involuntary, unanticipated and permanent.

LEARN MORE.

Evie's Day in Court

Four years at university, three years of law school and eleven years of practice were not enough to win a case against Evie. Jack Campbell, Esquire had encountered women like her before. At age 29, having already made serious life mistakes, Evie was not about to let her past ruin her life.

On her day in court Evie overcame her lack of education and history of drug addiction to be awarded frequent and unsupervised timesharing with her twin five year olds. Despite the fact that her former husband had retained counsel and had insisted that he, the father, should have sole custody, the judge awarded shared parental custody. And, even though Evie had to appear with no attorney to represent her the court followed the Florida family law rules and awarded her everything she requested in her petition for modification.

Evie knew down in her soul that her life, her case, was more important to her than it was to any attorney. Her attorney, while she had one, was all about the money, and had withdrawn the minute she could no longer pay him $500. per month whether he did any work or there was any court activity or not. Opposing attorney, Campbell, seemed to want to draw things out and string things along as long as possible. Evie just wanted to see her kids more than one supervised overnight visit per month.

By the time she had her day in court, Evie had been waiting almost two years. She had voluntarily let her children live with their father so that she could have an opportunity to get a better job, make sure she could stay clean, and get a stable living arrangement. But, the father, Charles, took the opportunity to take over everything, and before she knew it Evie was obliged to pay $500 in child support even though her income was much less than Charles'.

For every short story, there is a long story. Evie had never finished high school due to her attention deficit disorder and then falling so far behind in her classes that it was too overwhelming for her to even try to catch up. After a free fall through the cracks in the system, she quit school as soon as she legally could. She drifted for a couple of years, partying with her friends, having her time, living off the parents. She went to work at one of the many bars in the beach town where she lived. Being a barmaid was a perfect fit for her outgoing personality. Smiling and flirting, fetching and carrying drinks, earning decent money. The work atmosphere was fun. Everyone worked together, Work hard – play hard was her mantra.

By age 23 she racked up two DUI's, was arrested for possession of a controlled substance (oxycodone), and married one of her regular customers, Charles. He was a couple of years older and a Marine. At first Evie was entranced and enchanted by Charles' direct approach to life and his ambition to pursue a military career. Soon after their wedding Charles received orders to relocate to north Florida, Fort Walton Beach in Okaloosa County. The honeymoon ended quickly. Charles was sent out for training and then deployed overseas, leaving Evie in an unfamiliar town. She went to work in the only trade she knew, tending bar, made new friends and entertained herself with partying, drinking, and pills. Charles would come and go, and for a long time had no idea that Evie was using pills. She was an expert at hiding her addiction as she had hidden her usage from her parents for years.

Evie woke up one morning in her car which was parked outside the bar where she worked. She was in her work clothes from the night before. Her keys were in the ignition and the contents of her purse were dumped out on the seat next to her. A half full cup of what smelled like scotch was in the cup holder. The smell of which made her retch. Her head hurt and she was thirsty. She did not remember going to work the night before, or working, or leaving work, or going to her car, or

drinking, or apparently taking all of the pills that she had in her purse. At the moment of not remembering, she realized two things. That she was lucky to be alive, and that she did not want Charles to know. It was easy enough for Charles not to know as he was deployed on assignment somewhere, and not expected back for another week.

Evie put her things back in her purse, poured the contents of the cup out the window, smoothed her hair, and drove home – back roads all the way. She did not want to be pulled over or have to speak to a law enforcement officer for any reason, not now, not today. Once home, she slept, got up, raided the fridge, and slept some more. That evening when Charles' skype call came through, she ignored it. She had to think, she needed time to clear her brain so she could think before she spoke to him. She knew he'd detect that something was off with her if he saw her on skype. Before they married she had promised him that all of her drinking and drugging activities were in the past. She felt bad for letting him down, and she felt let down too. The marriage thing was not what she expected, not what she thought she was getting into. He was gone all the time. Home maybe four or five days a month – a week at the most. She was left to her own devices, which obviously were not very good devices, as she had gone back to the same life she had before they were married, except without her life long friends around her.

So she left. She packed up and left and went back to her parent's house in Daytona Beach. She left Charles a note saying that she had some things to work out and had gone back to her parent's house and didn't know when she'd be back. She knew Charles would be hurt and angry; and she knew her parents would be judgmental and angry. She avoided Charles' skypes and calls as long as she could, but finally a few days after he returned from his mission she picked up her cell when he called. Tears and shouting ensued. Despite Evie not wanting Charles to know about her pill addiction she finally confessed to him. He told her not to call or contact him until and unless she had checked herself into rehab.

Evie's parents were not amused that she had left her husband after less than two years for no other reason than he worked a lot. Evie's dad let her know that she could stay with them for one month maximum, and then she needed to get her own place or go back to her husband. Evie went to work right away at her former beach bar. Before the one month was up, however, Evie learned she was pregnant with twins. Evie's mom was ecstatic to be a grandma, Evie's dad didn't say much at all. They both told her she had to tell Charles.

Charles hung up on her every time she called. He would hang up as soon as he asked whether she was in rehab and she said no. After several tries, she quit calling. Charles filed for divorce, Evie agreed to it and did not attend the court hearing.

Evie's parents caved and let her stay with them until after the babies were born, but, they said, then she would definitely have to find her own place. Evie stayed clean the entire time she was pregnant. Did not drink a drop and did not take one pill.

After the babies were born, the three of them moved in with one of Evie's lifelong friends and her two children. Evie applied for social assistance, food stamps, and child support. Charles denied that the children were his. Only after a court ordered DNA test did Charles recognize the twins as his own. And once he did, he took full advantage of Evie's request for him to take them for a while so that she could get back on her feet and get clean. He went to the Department of Children and Families and convinced them that due to Evie drug addiction she was not fit to raise the children and he should have sole custody. (Evie had not used any drugs since she had found out she was pregnant.) And then Charles went to the Department of Revenue and requested child support, and he was awarded $500 per month.

But everything changed the day Evie finally got her day in court.

Two Mysteries of Florida Family Law Rules

In the course of doing business as a legal document preparer, my customers often ask me questions about procedure and why things are the way they are. I am allowed to provide consumers information regarding procedural rules, timelines, etc.; as long as I refrain from offering legal advice. Most people that contact me do not want legal advice anyway, they just don't know how to fill out the forms. And that's why we're here. The reason for this entire industry is that consumers either don't know how to prepare their own documents, don't have the time, or cannot possibly afford an attorney. A large part of the documents I prepare are family law documents, such as divorces, and supplemental petitions for modification of existing orders.

Mystery Number One:

If a couple is divorcing, they have no children, and they have already split all their assets, why does the State of Florida require a family law financial affidavit?

This is a basic divorce scenario where both parties want to go their separate ways, and have no disputes over anything. In the past couple of years, the requirement for a financial affidavit in a Simplified Dissolution of Marriage (which has never been so simple in my opinion - and I rarely have a request for these forms) changed so that divorcing couples using the simplified process can waive the financial affidavit requirement. However, the huge drawback for couples using the simplified process is that they both must appear in court. And, although, they may not have any disputes over property or children, they still may not want to be in the same room together ever again, and they may not be sure that the other party is going to be completely reliable, and if the other party doesn't show up, then there will be no divorce. And they will very likely have to pay another filing fee to get the divorce completed. So, many couples who qualify for the simplified process, use a petition for dissolution with no children and no property instead. That way, the more motivated party, can make sure he or she is the petitioner, and make sure that the divorce is completed, and the marriage is done and over, regardless of whether the other party cooperates or not. But, these couples are required to file a financial affidavit. Why? Customers ask me all the time. And my only answer is that the State of Florida says so, and beyond that I have no idea.

I recently helped a customer whose ex-husband to be lives in another country. No children, no assets, no debt. She sent him the divorce petition and an answer and waiver of appearance for him to sign. Which he did. But, when she tried to schedule a hearing, the clerk of court refused to schedule it because her husband had not filed a financial affidavit. And then the clerk of court directed her to file a motion to compel him to file a financial affidavit. Since he is in another country how can the State of Florida compel him to do anything? Sounds like a legal question, and I have no idea what the answer is. The bigger question is the central mystery here. Why is it the business of the State of Florida to know the financial information of a consumer, just because they are going through a divorce? If you know the answer, please comment.

Mystery Number Two:

This second mystery is much worse. Frequently, when unwed parents part company the mother (usually) files for child support through the Florida Department of Revenue. The father receives a notice in the mail that he must appear for the child support hearing and to bring all his pay stubs and proof of income. Many fathers are happy to go because they think that they can also request child visitation (timesharing) at the same hearing. Au contraire mon frere! However, most of the time these hearings are held before a General Magistrate, not a Judge. A General Magistrate also called a Hearing Officer is usually an attorney appointed by the Chief Judge to hear uncontested family law matters. So when the parties go in front of the General Magistrate, the court's assumption is that there is no dispute. The father owes child support, and that's the end of it. The General Magistrate is not allowed to hear any disputes, not allowed to hear anything related to child visitation, and the fathers come out of those hearings with their heads reeling. When the father tries to bring up child visitation or custody, the General Magistrate refuses to hear it. Most often the General Magistrate does not explain to the father why he can't hear it (because he's not allowed to); and doesn't tell the father what he can do to make sure that he has the legal right to see his own children and not be treated like an ATM.

Why does the State of Florida persist in allowing the fathers to be treated this way? If you know the answer as to the why, please comment.

There is a solution, however, and I truly hope this is helpful to someone. If you are caught in the situation described above: File a Petition to Determine Paternity and Related Relief; and a proposed Parenting Plan. The outcome will be an order naming you as the legal father, with the legal right to spend time with your children. The Parenting Plan is the schedule of visitation.

Civil Sanctions for Failure to Pay Child Support

Everyday in Florida parents are subject to civil sanctions for failure to pay court ordered child support. It is common that a General Magistrate or Circuit Court Judge will order sanctions despite the fact that the parent who has been ordered to pay is not able. Sanctions often include driver's license suspension or incarceration. The fact is, and the law is, that if a parent who is ordered to pay child support does not have the ability to pay -- sanctions cannot be imposed. The inability to pay child support is not contempt of court. Contempt of court, must be willful -- not unable. Read the following appellate case. It's not long, and not hard to follow, and it may just keep you driving and out of jail.

LARSEN v. LARSEN No. 4D04-773.

901 So.2d 327 (2005)

John Edward LARSEN, Appellant,
v.
Eva LARSEN, Appellee.

District Court of Appeal of Florida, Fourth District.

May 4, 2005.

WARNER, J.

Appellant challenges an order authorizing the suspension of his driver's license for nonpayment of child support with a purge provision of $2,500. He claims that he does not have the present ability to pay the purge amount. Because the suspension of a driver's license constitutes a civil sanction, the court must provide the contemnor with the opportunity to purge the sanction, and it must determine that the contemnor has the present ability to pay the purge amount. Gregory v. Rice, 727 So.2d 251, 253-54 (Fla.1999). Not only did the trial court fail to make such a finding, nothing in the record would support a finding that appellant has the ability to pay that amount. We therefore reverse. 

Appellant has accumulated substantial arrearages on alimony and child support obligations. He has instituted several modification proceedings since the dissolution of marriage, mainly because he lost his job as a pilot. In a mediated settlement in July 2002, the parties agreed to an arrearage, and appellant agreed that should he miss one payment, the Support Enforcement Division would be entitled to seek automatic suspension of his driver's license.

Subsequent to the agreement, appellant again moved for modification, and SED moved for contempt and sought to suspend appellant's license for nonpayment of support. The contempt motion was referred to a general master who recommended holding the father in contempt and requiring a purge amount of $1,638.25. The trial court adopted the general master's recommendations, and appellant filed a petition for writ of prohibition in this court, which we treated as a non-final appeal. We reversed the order of contempt, determining, in part, that the order lacked a finding that appellant had the present ability to comply with the purge amount, and failed to provide a factual basis for such finding as required by Florida Family Law Rule of Procedure 12.615(e). See Larsen v. Larsen, 854 So.2d 293 (Fla. 4th DCA 2003).

While his petition for modification was pending, appellant received notice of SED's intent to file for suspension pursuant to section 61.13016, Florida Statutes (2003), and moved for a case status conference as well as a hearing on his motion to contest the suspension. At the hearing, the court stated that the suspension of the driver's license was not a contempt sanction. The court denied appellant's objections to the impending suspension, but imposed a purge provision of $2,500. Upon receipt of the purge amount, SED was directed to abate the proceedings for license and motor vehicle registration suspension until further order of the court. Appellant's license was suspended after he failed to pay the purge amount.

Section 61.13016 provides that an obligor who has been given notice of the intent to suspend his or her driver's license may petition the court to contest the delinquency action. § 61.13016(1)(c)1.c. The obligor may contest the notice by showing a mistake of fact as to the delinquency or the obligor's identity. § 61.13016(3). The statute does not contain language excusing the suspension for inability to pay.

However, this case is controlled by expansive language¹ in Gregory v. Rice, 727 So.2d at 254:

Under Bagwell, regardless of whether the sanction is incarceration, garnishment of wages, additional employment, the filing of reports, additional fines, the delivery of certain assets, the revocation of a driver's license, or other type of sanction, the court must provide the contemnor with the ability to purge the contempt; that is, if the contemnor satisfies the underlying support obligation, the sanctions must be lifted.

(Emphasis added). Gregory also reconfirmed the principles of Bowen v. Bowen, 471 So.2d 1274 (Fla.1985), that the court must find a present ability to pay the purge amount in order to enter a civil sanction. 727 So.2d at 253-54.

Therefore, the sanction of driver's license suspension must be considered a contempt sanction under Gregory for which the court must find a present ability to pay any purge amount set. Here, the court made no such finding. Thus, the order authorizing the suspension must be reversed.

Appellee argues that appellant agreed to the automatic suspension of his license should he fall behind in support payments. However, no agreement was made as to the terms of any purge provision. Without a purge provision, the coercive sanction becomes a criminal contempt sanction, requiring the due process protections of a criminal proceeding. See Bowen, 471 So.2d at 1277.

We recognize that this opinion may cause considerable uncertainty in the use of driver's license and other license suspensions in child support proceedings without the setting of a purge amount in accordance with the dictates of Bowen. However, we are bound by the clear language of Gregory.

Reversed and remanded for further proceedings.

FARMER, C.J., and GROSS, J., concur.

FootNotes

1. The language is expansive because International Union v. Bagwell, 512 U.S. 821, 114 S.Ct. 2552, 129 L.Ed.2d 642 (1994), discusses only civil fines and incarceration. It never mentions other civil sanctions.

A Cautionary Tale - Guest Blog by Anonymous Dad

My twenty year marriage ended after a year and a half of divorce proceedings and a two day trial in July 2012. I tried to meet her halfway at every step of the way, but she was unwilling. During the process of the divorce, and still today, I have been harassed, threatened, coerced, intimidated and bullied by every means possible, legal and illegal, ethical and not. She has used the workers at the Department of Children and Families to harass me. She has dragged me to court on make believe allegations of child abuse and worse. She has set out to make my children hate me, and more or less succeeded with my oldest. The x wife's lawyer orchestrated the whole thing.

Although I tried, I was never able to get any help from the judge, my attorney, or the court staff to make the bombardment stop. In the end, at the end of the day, at the final hearing, I was awarded shared parental responsibility with 50/50 timesharing of my children. I spent over $150,000 but I still have my kids. I cannot say that this was money well spent. It was money wasted, but I don't regret it. I would do it again to ensure that my children remain part of my life. I will say, however, that I would much rather have spent the same money on my children, than paid it to my attorney.

I’m a warrior. My concern is that a person who does not have the fight in them would have lost their children. This happens every day in America, and I, for one, want to see it stop. If I broke then she would have gotten my kids. If I ran out of money, she would have gotten my kids.

My x told my kids that their dad is a rapist, angry, abusive, a wife beater, and a dangerous driver. All lies. I take my kids to therapy to learn how to deal with what they are hearing from their mom about me. Throughout the divorce proceedings the x's lawyer continued to try and get in front of the judge to stir trouble for profit.

In March we participated in mediation at my lawyer’s office. We agreed on financial arrangements after hours of negotiations. For some reason, my lawyer agreed that my x wife’s lawyer would write up the agreement. The marital settlement agreement took three months to prepare and was finally provided to my lawyer, at 9 pm the night before trial, on a Sunday.

When the paperwork actually made it to my lawyer, it was totally wrong and severely slanted towards the x wife. It was nothing we agreed upon and cost me $37,000 more than our initial agreement.

Also and most importantly about the financial "distribution" is that my x wife’s lawyer instructed her client to take $47,000 dollars out of investment accounts immediately after the mediation. There was no signed agreement so they stole the money in order to pay my x wife's lawyer bills and keep the case going.

This also ultimately made it possible to hire their social investigator. The money they took kept the case going since my ex-wife was out of money before the “theft”. Where are the ethics involved in this?

Unfortunately although I told my lawyer I saw what was happening and I wanted to stop the $47,000 transaction, my lawyer said to let it go. I took her advice. She went on further to say in writing that “maybe the feeling of having money will be good for them and they will stop and negotiate now.” I’m sorry I didn’t go with my instincts and not listen to my lawyer and stop the transaction.

Also, my ex-wife’s lawyer put in a motion for financial relief for the two parties. After going back and forth as to what assets we would equally disperse, they ultimately said in writing that we do not agree to do an equal portion. “The ex-wife is allowed to withdraw money while husband can’t have anything?” So, nothing ended up being withdrawn. My lawyer was stunned.

It was more stalling to keep billing while negotiating financials. It was an obvious attempt of my ex-wife’s lawyer to run up a bill.

In court the kid’s therapist said that my x was never interested in the well-being of the kids. The therapist went on to say that my x only wanted to use her [the therapist] for litigation.

The judge is not happy with my x. Or with me. Even though the judge doesn't believe her tales, the judge, I guess, would rather not hear anything at all from either of us

I am $150,000 poorer but have my kids 50/50. I write this for the poor man or woman who lost his or her kids due to everything I have described.

What about those people who are not educated, don’t have money, can be broken down by professionals who design a system to win?

Is there anyone out there who can help?

Baby Mama Drama? You can make it stop.

In theory there is no longer a social stigma for having children out outside of marriage. However, unwed fathers suffer more legal punishments than they could have ever imagined. If an unmarried couple with children breaks up, the father is often left out in the cold. Besides the general heartbreak of a relationship gone bad, the father is almost always separated from his children. And then, typically, the mother makes all of the parenting decisions by herself. If the mother truly has the best interests of the children in mind, she will allow the father to spend as much time as possible with the children so that the children are not needlessly traumatized by the separation.

It is a fact of modern life that sometimes relationships don't last, and quite often children are raised by a single parent. With the parents and extended family all working together to do the right thing for the children  -- children adjust.

Unfortunately, even despite good intentions, people do the wrong things. After a break up there is almost always hurt feelings between the couple, and they may forget their first priority is caring for their children. I hate to say, but it is often the mother who will keep the children from the father for capricious reasons. I also hate to say that the fathers may resent the break up and make only minimal efforts to stay in touch with their children.

After the break up things may go along this way with no court intervention and little constructive guidance. The mother may grow resentful at the expense of raising children without the father's financial support, and disallow visits unless he pays. The father often feels that the money that he gives the mother for child support is not being spent on the children anyway, so why bother?

Out of frustration or disdain the mother may seek financial help from the government. She might apply for medicaid for the children; food stamps; and cash assistance. During the application process the mother must disclose the identity of the father. Since there is no court order for child support the government will set about putting a court order in place. The government entity in Florida which is designated to collect and enforce child support is the Florida Department of Revenue (DOR).

There is a court hearing of sorts -- sometimes. Some fathers only receive a notice in the mail and never have a say at all. When there is a DOR Administrative hearing it is in front of a General Magistrate who is appointed to hear uncontested family law matters. A General Magistrate is an attorney appointed by the Chief Judge, and has not been elected. Since it is the business of the General Magistrate to hear only uncontested family law matters, no argument is allowed. If the father brings up the fact that the mother is not allowing him to see his children at all, the General Magistrate does nothing. This hearing is not for the purpose of visitation or timesharing -- only child support. The father is told to hire an attorney if he wants to see his children. Now the father is doubly confused and frustrated. He thought he was coming to court to have a chance to set up visitation, and finds out that all they want is his money.

The father may contact attorneys for help. He is again frustrated when he discovers that he needs to pay a $1500 - $3000 retainer and then they'll see what they can do. For many, this amount, in addition to the child support ordered is out of reach, an impossibility. At this point, he may give up altogether, and hope and pray that he can get along with the mother well enough that she will allow him to see his kids. Sometimes this works for a while -- sometimes this arrangement lasts years.

When and if this arrangement unravels, the father is again left out in the cold. Many fathers find themselves faithfully paying support and have no contact whatsoever with their children. The government, the courts, and the Department of Revenue, specifically do nothing to alleviate the pain. The children are often deprived of contact with their fathers for no reason other than the father does not know what he can legally do to gain access to his children; and the father cannot afford an attorney. The guidelines for all of the legal aid societies throughout the state are so narrow that it is nearly impossible for a father in this situation to get any free or low cost legal assistance.

Finally out of desperation the father searches for an answer. Sometimes he has lost his job, and knows that he may go to jail if he cannot pay his support. Other times there is a new man in his ex's life and access to his children has been sharply curtailed. Or the mother has applied for an increase in child support. After asking everyone he knows, and multiple internet searches he finds the answer.

The form that is central to his goal is called: Petition to Determine Paternity and Related Relief. The name of the form is so confusing and deceiving, he would never have thought of looking for something with that name. That form and other family law forms are available as free downloads on the Florida Supreme Court's website. Once the father has an order from a judge, naming him as the legal father, he can exercise his paternal rights. He will no longer be at the will of a capricious ex-girlfriend. He can see his children and become involved with their lives without fear that the mother will change her mind at the last minute, and deny him.

The name of the form is so counter intuitive that often even when fathers find the form, or are told of the process skepticism remains. A father may well wonder why he should petition for paternity when there is no question of his paternity. He often wonders whether a DNA test is required. He knows his name is on the birth certificate and he is paying child support so why would he need to petition for paternity? All good questions, and we don't know all the answers. We don't know why they named the form or the process something so obscure. Only if the mother disputes paternity will a DNA test be needed.

The easiest way to understand what the form and procedure is all about is: Petition to Determine Paternity and Related Relief is like a divorce for people who were never married and had a child together. The outcome is a court order stating that the father is the legal father. A Parenting Plan, the schedule of visitation, is usually filed along with these documents.

Florida legal document preparers can help pro se litigants prepare these forms. Or pro se litigants can do it completely by themselves.

Child Support

Child support is one of the most critical and divisive issues among divorced parents. Particularly during these difficult economic times, child support can be a huge financial burden even for parents who love and cherish their children. It is well settled law throughout the United States that both parents are obligated to provide for their children. Every state has a slightly different method for calculating child support. In some states child support is calculated on a case by case basis decided by the judge. In other states there are guidelines, worksheets, and formulas that must be strictly applied.

The federal law that is used to enforce child support is called the Uniform Interstate Family Support Act (UIFSA). This is often referred to as a long arm statute, where one state can enforce a court order in another jurisdiction. For example, if a child support order is entered in Florida, it can be enforced in Georgia or any other state through UIFSA. Under the federal law, each state is required to recognize another state's child support order. It isn't necessary to formally transfer jurisdiction of the family law case to the other state for the other state to enforce it. However, in order to modify child support a state must accept Continuing Exclusive Jurisdiction (CEJ). The CEJ usually follows the child's residency. The state that will accept jurisdiction is usually the state where the child has resided for at least six months immediately prior to filing the petition to modify child support.

Methods of Enforcement

Different states have different methods of enforcement. Among others, sanctions and enforcement methods may include: income tax refund capture; bank account levy; driver's license suspension; and passport denial or revocation. In many parts of the United States, loss of liberty is a very real possibility for anyone who refuses to pay child support. A finding of civil contempt can land a non-payor in jail until he or she comes up with at least a portion of child support arrears. This portion is often called a “purge” and is often 25% of the total amount owed, but can be any amount a judge decides is required.

In addition to state remedies for refusal to pay child support there is also a federal remedy. According to this federal law, failure to pay child support, if willful, is a crime when the parent owing support lives in a different state than the parent who is supposed to receive the support. The purpose of the Federal Child Support Recovery Act was to prevent a parent from moving to a different state or a foreign jurisdiction to avoid paying child support.

The penalties available for child support enforcement under the Child Support Recovery Act include prison sentences, fines and restitution. A first offense under the Federal Child Support Recovery Act can result in a prison sentence of up to six months plus fines. A second conviction can result in more jail time and greater fines. Probation can be imposed and can include conditions such as the payment of child support and mandatory employment. A violation of those probation conditions can result in additional prison time.

Controversies

It is easy to accept that as a matter of public policy, parents should support their children. But what if a parent is ordered to pay child support, but is not able to pay? And, even though child visitation and child support is supposed to be separate, what if the parent obligated to pay support is prevented from seeing the child? Do the penalties for nonpayment do anything to help the children in the long run? How does putting daddy or mommy in jail help? What about the unwed father who never wanted to have the child to begin with? Or worse, what about the unwed father who never knew he even was a father until he was served with a complaint for child support?

As always your comments are welcome. Thank you for reading.