The Law Offices of Ben I. Farbstein, P.A.

Other Child Support Info

What if the person that is obligated to pay child support lives outside the state of Florida?

Child support is considered a priority under Florida law. If the other parent is obligated to pay child support and has not paid support timely or has not paid the obligated amount, the order can be domesticated (established) in another state; and an attorney or appropriate agency in another state can pursue the individual in that other state.

If that other party, comes to the state of Florida, they can be served with papers, and have to answer in this state. You cannot trick that person to come to the state, for purposes of collection; for trickery is not permitted.

What if I receive state assistance?

If state assistance has been paid, payments of child support by the other parent may have to go to the state agency to reimburse what has been paid to the state. Child support collections can reimburse public assistance spending. Fewer children will remain in poverty when parents receive regular child support payments.

Do employers collect child support payments?

Employers should report new hire information as soon as possible to allow proper income withholding orders to be processed on a timely basis. It is common knowledge in Florida that employers collect more than 70% of the total child support amount through income withholding.

What is an income deduction order?

An income deduction order is a court order directed to the employer or of the parent obligated to pay child support. Once the order is signed by the judge, it is sent to the employee or employer for processing. The employer has an absolute obligation to deduct child support from the employees paycheck; either weekly, biweekly or monthly; or in any other periodic increments as the employee is paid.

What if the employer fails to pay child support ordered in the income deduction order?

The employer can be fined and/or sanctioned for failure to pay child support as court ordered. The fines are serious and employers do not take court orders for deductions of child support lightly. Employers understand that if they fail to pay the child support, they will have to answer to the court.

What if my income goes down or the other party’s income goes up?

Child support is always modifiable. If the other parent’s income substantially increases (Florida Statute – 5% or more) or there is some other substantial change in financial circumstances, a modification petition can be filed with the court to change the child support. There are specific elements and requirements for modification of child support. A child support petition requires a summons, a petition, and is not a motion; like a motion to enforce or compel payment

What if the child is born out of wedlock?

If the child was not born of the marriage, you must first establish paternity for the child.

Marriage: the parents are married to each other when the child is born of the marriage. If the woman is married when her child is born, her husband is the legal father of the child. Nothing needs to be done to establish paternity. The paperwork will be filled out and completed by the hospital staff. This is true even if the mother does not list her husband’s name on the birth certificate of the child.

Acknowledgment of paternity: if an unmarried couple signs a document in the hospital, at the time the child is born, or sometime later, there is an acknowledgment of paternity.

If the mother is not married at the time the child is born, establishing paternity can be done at a later time by signing a form that says the parents are the parents of the child.

At the birth/In the hospital:the unmarried mother and the child’s father can sign the “paternity acknowledgment” form (DH-511) before leaving the hospital. This is the easiest way to establish paternity when the mother is not married. Right from the start, the child has a legal father!!!
Nevertheless, both parents have to fill out and sign the paternity acknowledgment form, in the presence of two witnesses or a notary public.

What does the hospital do with the DH-511 form?

The Florida Office of Vital Statistics records the births of all children. Hospitals send this form and other records to the office of vital statistics. Having the father’s name on the birth certificate and on the paternity acknowledgment form is important for proper recording of accurate information with the Florida Office of Vital Statistics.

What happens if the parents leave the hospital?

The unwed mother and the child’s father can fill out and sign an “acknowledgment of paternity” form (DH-432) which can be obtained from the local health department, Florida Office of Vital Statistics, or the Department of Children and Families. In this circumstance, both parents must fill out and sign the form in the presence of two witnesses or a notary public. The parents can then mail the completed form to the Florida Office of Vital Statistics for the birth certificate to be changed by the addition of the legal father’s name.
Please note: if the mother is married when the child is born; these two methods (in hospital paternity acknowledgment/DH-511 or acknowledgment of paternity/DH-432) cannot be used.

What can Broward child do for me? (BCS) is a service dedicated to educating and assisting the collection and enforcement of established child support orders.

If you have a child support order and it has not been paid, and the other parent has the ability to pay child support, you have the right to file your own papers; and make your own way pro se through the legal process.

If you want experienced legal services, to pursue your child support, then fill out the information section below, and a Hollywood Child Support Lawyer will review and respond.