This is the next article in my series on the rights of fathers in our state who are not listed on their child’s birth certificate. My last article discussed the fact that a dad has no visitation rights when paternity is not established. It is important to understand that, without the establishment of parentage, one is effectively not the parent as far as the law is concerned. Immediately establishing paternity is important to ensuring that one has enforceable rights if relations break down between the dad and the mother. In this article, I will be discussing how child support applies to a dad in such situations. If you are in need of assistance, then contact my office today to speak with a Melbourne lawyer.
Florida fathers may have to pay up to two years of back child support after the establishment of paternity
A common question which Florida fathers ask is the extent to which they may have to pay back child support. Ours is like other states in the union in that Courts will order arrearages to be paid for a certain period of time. In Florida, this time is two years (which is less than what is found in many other states). When a paternity action is filed, this arrearages period will run back two years from the time the case is filed. Current support will be due from the time of the filing and forward. When determining the amount of arrears, it will be based on the father’s earnings during the two years and not necessarily what he is earning currently.
The foregoing may be explained through an example. Suppose Bill and Bonnie have a six-year-old child. Bill has spent little time with the child and has never paid child support. Bill is a construction worker and, due to the state of the local economy, he has only worked off and on over the last few years. He has gained more secure employment as a construction foreman and his earnings will increase substantially. When a paternity action is filed, the mother requests that back child support be based on his current earnings as a foreman. This is not how the law is generally applied, however. The Court will review Bill’s financial records from the last two years and his support arrears will be based on his earnings during the prior two years. His future support will be based on his current earnings. Bill will likely be required to make all current support payments along with a monthly payment that goes towards the arrears.
The calculation of child support in our state is not as straightforward as many parents think. A father may be entitled to offsets for expenses for items including union dues, required retirement payments, child support that is paid for other children, and more. Also, if the Court believes that the father is or has been “underemployed,” then he may be ordered to pay support in proportion to what he could have earned, as opposed to what he actually earned. How support will be calculated in any situation will depend on the facts of the matter.
Contact a Melbourne child support lawyer for assistance
If you are a dad and are concerned about child support arrears, which can be a consequence of not being listed on a birth certificate, then it is important to retain representation. Properly presenting evidence to the Court can make the difference between paying an appropriate amount or one paying more (or less) than what should actually be required. An experienced attorney will analyze the facts of the case and present all financial information to the Court.
If you are in need of assistance, then contact my office to speak with a Melbourne child support lawyer. I regularly handle matters involving paternity and child custody, and I have devoted much of my career to handling domestic relations cases. I understand that tension exists between parties in such situations. It is my goal to resolve all cases efficiently while gaining the best possible outcome. I look forward to speaking with you.
My firm also services Florida clients in the Brevard County cities of Titusville, Cocoa, Palm Bay, Grant, Valkaria, and Rockledge, as well as in the Indian River County areas of Fellsmere, Sebastian, Vero Beach, Indian River Shores, and Orchid. We are also able to virtually work with clients throughout the state.