Family Law (Divorce, Family Relations)/What to do..
I moved to FL when I was 8 months pregnant. My child father stayed in the state of Oh. He currently pays child support ( when its enforced). I am wondering what are his rights to the child and if he would take legal action for visitation what would most likely happen? Also my son takes my last name and his fathers and I would like to have his fathers part taken off for his sake going to school ect...any advice? His father will not sign off on that. We also had a modification done on our child support b/c I am paying 700 a month for daycare and they still lowered his child support b/c he makes very little and my income was 3 times his. I don't understand that AT ALL.
Thanks so much in advance!
Hi Kirstie unless the Father's paternity has been recognized by court order then he has no rights to or with the child. If he petitions the court to obtain parental rights then a parenting plan and time sharing plan will be ordered with the best interest of the child as the main consideration but you can expect that the Father will be granted some time sharing with the child in his home state. The Father would have to consent to any name change for the child or you would have the burden to prove that such consent should be waived by the court in the best interest of the child. Finally child support is calculated based upon each parties' net incomes and the percentages of those net incomes as compared to the total of all net incomes. If you make, as you stated, three times what he makes then you would be responsible for 70% of the child support, including day care expenses and he would be responsible for 30%. In addition, under federal law he cannot be ordered to pay more than 55% of his income for child support. There may be an argument to impute a higher level of income to him under a voluntarily underemployed argument but you have alleged no facts alluding to the same and even if such a scenario did exist it is doubtful that the Department of Revenue or Child Support Services would attempt to prosecute such a argument do to the time required in doing so.
I hope this information was helpful to you, if it was, please do me the courtesy of rating it. Please be aware and advised that this public forum is designed to provide only general information, to give you a basis of legal knowledge. This public forum does not give you attorney-client privilege. You and I have not entered into an attorney-client relationship. I am not responsible for your legal rights and this answer is based solely on the information you have provided in your question and as always, I would advise that you arrange for an in person consultation with an attorney from my firm or another Family Law attorney familiar with Florida Family Law who can analyze the specific facts and circumstances of your case more closely to better advise you. Additional information may be obtained on our web site listed below.
Daniel Bachert, Esq.
The Bachert Law Firm, P.A.
330 Clematis Street, Suite 222
West Palm Beach, Florida 33401