By DADvocacy™ | August 7, 2018

The reply to this query was a tough no, however Florida Statute 409.2563 has modified the reply to possibly. Now you can agree to a timesharing schedule in your administrative assist case, however the Little one Assist Program can’t order a timesharing schedule. When you’ve got obtained a letter that appears like the next instance, pay shut consideration.

If you happen to have been married to the mom of your baby, signed the kid’s beginning certificates, or have in any other case acknowledged paternity of your baby, and if the mom is a recipient of public help (TANF, money help, meals stamps, Medicaid) then the Division of Income can set up a baby assist obligation towards you thru an administrative course of run by the Florida Division of Income’s Little one Assist Program. This can be a non-judicial course of and proceeds way more shortly than the normal judicial circuit courtroom course of—many instances are resolved in as few as forty days! A listening to will not be an automated a part of this course of and should be well timed requested if desired.

Usually, the Little one Assist Program sends a letter just like the one above and requests monetary data from each events. You could have twenty days to answer the letter. You possibly can (1) do nothing and look forward to a closing order to come back within the mail; (2) submit the requested monetary data and look forward to a closing order; (3) ask for an administrative listening to and look forward to a listening to date; or (2) ask to proceed in circuit courtroom. We at Dadvocacy don’t suggest that you simply ‘do nothing’. Nonetheless, the choice as to which avenue to take depends upon your loved ones’s particular circumstances, and it’s prudent to right away see an lawyer. Our Dadvocacy attorneys are skilled in defending our purchasers in administrative proceedings and acquiring honest outcomes.

Previously, the one purpose timesharing, or parenting time, was mentioned in an administrative continuing was to find out what number of overnights the mother or father paying assist had with the kid. If the kid spends greater than 20% of the 12 months, or 73 overnights, with the mother or father paying assist, the kid assist obligation could also be diminished. That is also known as the substantial timesharing low cost. The executive order would then listing the variety of overnights used within the baby assist calculation, however no timesharing schedule was set. The Little one Assist Program offers strictly with the assist of kids and never with parenting time.

Now, the brand new statute requires the Little one Assist Program to ship a Standard Parenting Time Plan Form with its preliminary Discover of Continuing by way of licensed mail. If you happen to and the mom have an off-the-cuff or verbal settlement concerning parenting time, then you may write it down utilizing the shape, or write it down in your individual phrases. Each of you should signal the parenting time plan and return it to the Little one Assist Program alongside along with your monetary data. The Little one Assist Program nonetheless has no jurisdiction to make selections about parenting time. If the mother and father comply with a parenting time plan, then it is going to be included within the closing administrative order. If the mother and father can’t agree, then no parenting time plan might be set, and a paragraph explaining why there isn’t any parenting time plan might be included in your closing order. If you happen to request a listening to, the executive choose is not going to be permitted to make any selections about parenting time.

If you happen to comply with a parenting time plan and your co-parent will not be following it, then chances are you’ll have to file a Petition for Superseding Order in circuit courtroom. The Little one Assist Program can’t modify or implement parenting time plans. The Little one Assist Program’s current inclusion of parenting time plans in its administrative course of appears to be a method for folks to comply with a easy plan and cut back battle down the street.

Whereas there are shortcomings to this new statute, it serves as a comparatively easy method to memorialize your parenting time schedule. To be clear, this parenting time plan is completely different from what you’d get in conventional circuit courtroom or by mediation. It doesn’t focus on parental duty (shared or sole), transportation, faculty points, digital communication, journey, or different particulars related to elevating a baby along with your co-parent. In case your relationship along with your co-parent tends to be high-conflict, then this parenting time plan could not work for your loved ones. Chances are you’ll want a choose to order your co-parent to observe a parenting plan, and chances are you’ll want the flexibility to implement your parenting plan. Don’t hesitate to contact us to schedule an preliminary session so we are able to formulate a litigation technique that finest meets the wants of your loved ones.

Have you ever obtained a discover of administrative continuing within the mail? Do you should modify or implement your administrative assist order? Would you want to ascertain a parenting time plan along with your youngsters? Name right this moment to talk with an skilled Dadvocacy Legal professional at (305) 371-7640 about your administrative assist continuing.


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