Paternity Law - Unmarried Fathers Have no Rights in Florida!
If you lose your job in Florida and there is a child support order in place ordering you to pay child support, you MUST file for a modification of child support. If you do not file for a modification you will likely be held in contempt of Court for failure to pay and you will still owe the FULL amount due even if you were unemployed or earning less during that time. Child support is largely based on the income of the 2 parents, see our previous article for more information. So, by way of example, let's say you, as the Father are paying $800 / month in child support and that figure was Ordered by a Court at a time that you were earning $4000 / month. In November you lose your job - involuntarily, for now fault of your own.
Reaching an agreement in a DOR Child Support case is no easy task. When a person, typically, but not always a mother, obtains assistance from the State of Florida in obtaining or enforcing child support she actually assigns her right of child support to the Florida Department of Revenue (DOR). Sometimes she does this voluntarily, meaning she contacts the State in hopes of getting them to assist her, and sometimes she gets their assistance whether she wants it or not. This happens when she attempts to get food stamps or cash assistance from the State of Florida, who, in return, says we will help but only if you allow us to go after the Father of the child for child support on your behalf. Sometimes the mother is aware that she has assigned her rights of child support and sometimes she is unaware of this fact.
Child support in Florida is calculated pursuant to a formula. Both parties technically owe support to their child and the amounts are calculated by using an algebra formula. We plug in amounts for certain variables and the formula tells you who owes whom how much money.