Legal Question in Family Law in Florida

child support / custody rights

If unmarried couple have child and one parent works and the other does not due to caring for a minor child less than 2 years old. Is the unworking adult entitled to child support from the working adult for the child. Is there a particular form they must write on to decide what rights each un married parent is entitiled too.


Asked on 7/17/07, 10:53 am

2 Answers from Attorneys

Johm Smith tom's

Re: child support / custody rights

You need a written agreement that you both comply with, but at any time a judge could decide that the child deserves more support.

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Answered on 7/17/07, 11:23 am
Scott R. Jay Law Offices of Scott R. Jay

Re: child support / custody rights

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Both parents have an obligation to support the child. The custodial parent is entitled to child support for the care of the parties' child. Child support is set by statutory guidelines as set forth in Florida Statutes 61.30. You can read about it at: http://dor.myflorida.com/dor/childsupport/guidlines.html

There is a worksheet on that site which will help you determine what the child support should be. If one parent is not working, a court would probably impute income to that parent for at least the minimum wage.

Scott R. Jay, Esq.

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Answered on 7/17/07, 12:43 pm


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