Legal Question in Family Law in Florida
My son's father just began a petition for paternity. I had some question regarding my rights and what this means to me. He has been delinquent in paying child support for the past 4 months and he is behind on paying for Silas' medical bills for over a year. Previously we had a verbal agreement on child support and visitation.
My question is regarding the medical expenses and insurance, that I currently pay on my own. Will he be liable for at least half of what I am paying for our son? Will I be able to recoup the money that he still owes me from last year regarding our son's health and insurance?
I have primary custody of our son, but his father seems to think that he is entitled to 171 overnight stays a year? Is this accurate? We live in Florida.
How will child support be calculated? I have a new family with new dependents...will that be taken into consideration when calculating the child support he should pay us? Will the father be liable for half of summer daycare charges? Sick days..if he can't go to school? How about holidays when there is no school? Doctor's visits...taking him and bring him...How about any extra curricular activities that he should be attending? Some cost money...and he needs to be part of sports and other social activities. Lastly, is the father supposed to have life insurance on himself since he has no other family?
Thank you in advance,
Reka
2 Answers from Attorneys
I suggest you contact a family law attorney at your earliest convenience. Most consultations are free and what you are asking is beyond this forum.
Hello: You pose several questions...I don't have time to fully address them, but I'll provide a start. I agree with the 1st response, you may want to have a consultation with an attorney.
If you are asking what can be done if he is not paying, if there is a previous Court order that he is violating, you can file a Motion for contempt. If no prior Order, just your agreement, the court can't do anything. If the Paternity case proceeds to Judgment, child support will be ordered.
If there is no prior Order, when a Judgment is entered in the Paternity case, child support will be ordered retroactively for two years prior to the filing of the Petition unless the parents were living together. Medical bills will usually be split between the parties.
Child support is calculated pursuant to Florida Statute sec. 61.30. You can google the phrases and get to some websites that explain the calculations somewhat. Basically, the support is based on a formula that uses each parties' net income. It does not take into consideration your expenses or new dependants. Day care/extended day and/or summer camp (similar to day care) is included in the formula.
Each party is entitled to parenting time with the child unless that person would be harmfull to the child...or being around that person would not be in the best interests of the child for some reason. You should want the father involved in the child's life so as to help develop a healthy, stable, emotionally sound person. It's also good for a break!
'Hope this helped. If my office can be of assistance to you in this or other matters, please give us a call. Tom Rosenblum
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