Child Support Attorney Miami
At Gallardo Law Firm, we understand the complexity of issues that may arise with an upcoming separation or divorce from your partner. Many concerns may be running through your how to approach child support and how the child’s custody with be divided between you and your former partner. The Child Support Attorney Miami Team within the Gallardo Law Firm assures that you will receive the treatment and the best child support outcomes for you and your family. Within this article we will touch upon reputable child support attorneys in South Florida, what our firm will provide you, how to find the right lawyer for you, and some commonly asked questions about Child Support Law.
Introduction To Child Support Cases
Child Support is a court ordered payment that is made monthly typically by a noncustodial parent to support and provide for one’s minor child or children. Compliance with these payments is mandatory as there are consequences such as penalties and fines as well as revoking of licenses until the monthly debt is paid. In some states, collection agencies are used to enforce these payments. Usually, the parent must pay until the child reaches a certain age, which varies from case to case. Child support can last until the child reaches anywhere between 16 and 21 years of age.
Child support enforcement offers many services to meet parents who fail to recognize their obligations. When you cannot force parents to pay their financial dues in Miami Dade County, there are other indirect methods that are available to you such as direct removal of payment from the noncustodial parents pay check. The office of child support in Miami can intercept an IRS refund and redirect it to the parent who has child custody.
The child protective services in Miami can also take away any visitation rights of the noncustodial parent to see the child. If you have to share child custody, not paying a child support debt can result in losing all privileges and even custody of the child. Noncompliance with child maintenance in the county can also report this to a debt collecting agency for parents who fail to make their child support payments. If the parent continues failing to make these payments, the court may be notified and the parent will be charged with contempt. The noncustodial parent will then either have to pay a large sum of money at once, or spend 180 days in jail. In addition, if the debt owed is over $2,500.00 then the government will refuse to renew any kind of documentation such as a driver’s license or passport.
Child Support Attorney Miami And Family Rights
A Child Support Attorney Miami at our office may issue an order of reduced income. This order is sent to the employer. Our Child Support Attorney can also help noncustodial parents change their maintenance responsibilities by reducing, negotiating or disposing of such payments.
To abide by Florida Law, when a little one does not reside with both of their parents, under a single household, one parent will need to provide the principal guardian with income child support. Support problems may arise due to a settling of divorce, separation, an unwedlock relationship, or for an adjustment of an existing court request.
At Gallardo Law, our Child Support Attorneys will provide the best possible legal advice to both the father and mother of the child undergoing a custody battle in order to ensure just and fair results of trial. If you or your former partner are concerned regarding the living benefits or financial child support (that comes allow with have principal guardianship) our highly trained Child Support Attorney are suited to help find the best outcome.
Similar to most of the United States, Florida required follow through with a set of child support regulations, including use of formulary that is utilized to establish the proper amount of child support the parent must give on a monthly basis. Our Child Support Attorneys fully understand the formula which ensures that the parent in which the child does not reside with must pay an accurate amount of support based on their salary and needed aide. The child support regulations included but are not limited to:
- Both parent’s annual salary
- The amount of children under the age of 18 in the household
- The custodial rights of each parent (amount of time they must spend with the child on a weekly basis)
- The cost of child services such as transportation, day-care, etc. and insurance
When figuring out your little one’s financial support, full income disclosure on salary and expenses must be made known to meet the proper child support aid. By way of the special formula used by the court the accurate amount of child support requirements can be calculated. Our Child Support Attorneys provide legal counsel on topics like these due to their extensive experience with child custodial and support cases.
Child Support Modifications In Florida
A modified form of child support is available in any court. Even our divorce attorneys have some sort of modification for the financial benefit of a child. Thus, the parent must state the reasons for the modification of the child support.
Below are several reasons approved to request the modification of the agreement for child maintenance as follows:
- The father has lost his job and is currently receiving unemployment benefits.
- The applicant has experienced an increase in revenues.
- The parent has suffered a sudden decrease in salary.
- The expenses of the child care have undergone changes.
- Emerged changes in insurance or health expenses of the child.
- Or if the child has graduated from high school or has reached age 18.
If the applicant is eligible, they must schedule a hearing for a child support modification. Many people wonder how to file a modification of financial benefit for a child. To do this, the applicant must fill out a petition for child support modification.
Child Support Florida Application
Although the Child Support Attorneys at Gallardo Law firm are fully equipped to help you fill out this information, below you will find the general requirements and documentation needed to file a child support claim.
According to Florida Department of Revenue:
Requirements to complete an application for child aid services:
- Must be the parent or guardian of a child who is owned or in need of financial support.
- Must be parent of a child who is balance of child support is unpaid.
It is not required to apply if:
- The parent has applied for state assistance recently.
- The parent currently receives state assistance.
- The parent will automatically be given the proper amount of child support services.
It is not necessary to apply if:
- The parent was given public state assistance or child financial support services within the last few years as their circumstance may still be open.
- The parent was given public child services from another state. The parent that received this aid must call contact the state’s aid assistance program to determine if their incident is still open.
- To apply for child support benefits, the principal guardian must visit their nearby child support office alternately and bring a valid request and requisition application will be send to that parent.
What comes after a parent signs up for child support or state services?
The parent may be asked for further detailed information in order to accurately complete their application. The information must be provided promptly as the case needs to be made quickly. The child support office may ask for:
- Present year salary or income detailed information which includes but is not limited to recent pay stubs, tax information such as W-2 forms, 1099 forms, or self-employment tax information. Note that the office may need these forms from up to 3 years ago.
- A completed Financial Affidavit
- A completed Paternity Declaration
The Florida Department of Revenue website clearly states that:
“We will start your case when we get the signed application and all the information we need. This should take no longer than 21 calendar days. Tell us right away about any changes in:
- Your address or employment
- The other parent's address or employment”
Below are the step by step procedures one must follow to complete a Child Support Application in Miami, FL:
- The applicant must complete the application form
- The applicant must then bring a copy of the form and hand it in to the office of Circuit Court Clerk. Filing this form has a fee of $ 35. If you cannot afford this fee, and affidavit can be used to exempt it. The affidavit must contain information about your current financial situation. If you provide false information, you may be liable for criminal charges.
- The applicant must obtain a certified copy of the request form.
- Subsequently, the client must mail their documents to the family court with all certified copies.
- Family Court will then reconsider. If the reduction or the increase is more than 15% of the original money, the court will send a notice to the other parent.
- When the notification is received, the other parent has 15 days to combat the requested change and request a new hearing.
- On the day of the hearing, the judge will review the case and decide.
The Gallardo Law Firm Child Support Attorneys are equipped to help you along this process.
Arrears of Child Support Miami
The arrears of child support is the term used to refer to the failure of child support payment or owing at least $ 2500. Some parents can be forgiven for the delay in child support. When they are forgiven, child support arrears are then calculated and come with a new payment plan. However, the applicant will have a revoked passport until these payments are met. In any case, the letter will ensure any overdue child support and amnesty.
Meet our Child Support Attorney Miami Team
Carmen Gallardo: She has years of experience that guarantees quality services to people from all different backgrounds and concerns. Carmen devotes her practice and legal expertise in, Family Law, Immigration and Civil litigation, just to name a few. Ms. Gallardo is committed to her clients by finding an efficient, economical and comprehensive solution in a variety of legal matters.
Leisy Jimenez: She practices in the areas of Family Law, Foreclosure, and Criminal Justice. Ms. Jimenez obtained a Bachelor of Science Magna Cum Laude in Criminal Justice at the Florida International University, and also a Juris Doctor Cum Laude at the Nova Southeastern University, Shepard Broad Law Center. She has been representing clients at mediation, temporary hearings, and trials. Ms. Jimenez has also managed and prepared cases, attended court hearings, and drafted motions to reopen cases.
Our Child Support Attorneys are Aggressive In Tough Cases
If you are looking for a child support attorney Miami, the lawyers at Gallardo are among the most experienced in the area. We are prepared to mitigate the most polarizing of circumstances and aim to resolve most cases amicably. However, we are also prepared to fight aggressively when it is appropriate.
We understand that you may be feeling distraught over the separation from someone you believed to be your life partner; therefore, our experienced Child Support Attorney is willing to put in the work to get the best benefits and financial child support for your case. Our Child Support Attorneys are trained to fight aggressively for your rights within the limits of the law. We aim to always provide fair benefits where they are duly noted. Rest assured, you will not have to put in an extensive amount of energy or long periods of time into your case as our child support attorneys will work to give you the best outcomes.
It is never too early to consult a Child Support Attorney; however, if you wait until the end of your case, it may be too late and modifications will need to be made. A child support attorney is not only useful in fighting for your rights but they can also provide valuable advice when applying for child support. They can analyze what your specific advantages and disadvantages you may have within your specific case in order to provide you with a clear view and preparedness of the events to come.
Frequently Questions and Answers about Child Support Miami
- Instruct their employers to withdraw money directly from your salary for child support.
Diverting money earned by other external means like the lottery or tax returns to the government.
- The suspension of your driver’s license would be one of the measures to be taken.
The person with child custody can sue the judge to issue a direct order that you have to fulfill their duties as a father.
- Could go to jail for contempt of a direct court order.
- Costs for the custody of children.
- The costs of medical services not covered by insurance.
- Extracurricular activities such as sports, boating holidays and vacations among others.
- The costs to cover shared with the children and other expenses while.