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Child Support & Parental Rights

Child Support & Parental Rights

CHILD SUPPORT

As divorce settlements go, child support is generally not a variable up for negotiation or open to discussion. Driven by state-mandated guidelines, the needs of the children generally are firmly protected.

This is based primarily on what the pattern of spending and lifestyle has been like during the marriage. If a certain lifestyle was maintained and remains reasonably affordable, courts often seek continuity and normalcy.

Where discretion may be given relates to out-of-pocket expenses. Parents often disagree on high-ticket expenses, like the continuation of or enrollment in private school, attendance at summer or “sleep-away” camp, or children’s travel – especially as, in most cases, two households now will be supported by the same relative income.

Even overnight stays have become a point of contention. The more overnights a parent has with the child or children, the less child support that parent pays. Some parents seek to host more overnights, so as to reduce child support he/she pays.

The Offices Firm of Barry I. Finkel P.A., is a divorce and family law firm experienced in matters related to child support – and focused on serving the needs of the entire family. Established in Fort Lauderdale / Broward County, Florida, in 1995, the firm’s lawyers provide trusted matrimonial counsel to clients facing turbulent times and unsettling situations. For a consultation or to schedule an appointment, please call 954-776-1414.

PATERNITY

Paternity actions aren’t just a complication for athletes or celebrities. Paternity actions can also result from relationships between unmarried individuals or extramarital affairs. They can lead to complex claims ranging from the biological father’s legal rights, the mother’s expectations of child support or other financial assistance, the husband’s role or responsibility for the child’s upbringing, and general conflicts surrounding these and other issues.

While the law is constantly evolving regarding paternity, in recent years the trend has been to treat children in paternity cases no differently than a child in a divorce action. It’s presumed that the mother is the guardian in a paternity case. The only issues generally are determining the biological father, his legal and financial responsibilities, and any rights he may wish to assert regarding his relationship to the child.

Once paternity is established, the mother can seek child support. The father can seek a time sharing agreement, visitation rights, or the establishment of a parenting plan.

The Law Offices of Barry I. Finkel P.A., has handled paternity actions for a variety of clients. As a divorce and family law firm, we serve the needs of the entire family. Established in Fort Lauderdale / Broward County, Florida, in 1995, the firm’s lawyers provide trusted matrimonial counsel to clients facing turbulent times and unsettling situations. For a consultation or to schedule an appointment, please call 954-776-1414.

 

TIME SHARING/CUSTODY

In six decades of family law practice, this office has seen a dramatic shift in the way divorce courts handle child custody. In divorce cases years ago, it was assumed by the courts and couples that a “primary residential parent” – often the mother – would gain custody of the children. Commonly called the “Tender Years Doctrine,” it was presumed that young children were best cared for by their mothers, as the father of the nuclear family served as the primary bread-winner.

Times have changed. More women work outside the home. Florida law now prohibits that presumption. Now, parents and their family law attorneys negotiate time-sharing agreements and parenting plans. Today, 50-50 time-sharing is becoming the norm, and courts encourage shared responsibility, unless a party can prove good reason to the contrary.

The Law Offices of Barry I. Finkel P.A., is skilled at working with clients – the father or the mother – the ensure the best interests of the child are maintained. We are committed to helping parents navigate the divorce process, while ensuring that their rights are represented and the best interests of the children are vigorously protected.

The Law Offices of Barry I. Finkel P.A., is a divorce and family law firm focused on serving the needs of the entire family. Established in Fort Lauderdale / Broward County, Florida, in 1995, the firm’s lawyers provide trusted matrimonial counsel to clients facing turbulent times and unsettling situations. For a consultation or to schedule an appointment, please call 954-776-1414

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Fort Lauderdale Office

12 SE. 7th Street, Suite 602
Fort Lauderdale, FL 33301

Phone: 954-776-1414

Fax: 954-776-3833

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Boca Raton Office

3010 North Military Trail Suite 210
Boca Raton, FL 33431

Phone: 561-910-1870

Fax: 954-776-3833

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