This post concludes and recaps my series on the handling of Melbourne, Florida child support cases in which one parent is “underemployed.” I felt it necessary to write on this issue due to the fact that parents often do not know how to proceed when their counterpart is choosing to earn less than what they are capable of. Such situations often lead to tension between the parents. By understanding that there are options, a parent who is receiving support can take the appropriate steps to protect their rights. The goal of my last several posts has been to provide information on this issue. It is also my goal that this information will help you to make an informed decision when you are selecting a child support lawyer. If you or a loved one require assistance then contact my office today to speak with an attorney.
I have addressed several topics over the course of this discussion. Matters which I have analyzed include:
- How a parent’s underemployment impacts child support
- Proving that a parent is underemployed
- Collecting unpaid child support
There are multiple reasons why I chose to address these issues. First, it must be understood that the Family Court may vary from the standard child support formula if it is shown that a parent is choosing to earn less than what they are capable of. A Court’s primary concern will always be for the best interests of the children and a Judge will not allow a child to be subjected to financial difficulty because a parent chooses not to work. Second, it is not enough for a parent to simply claim that their counterpart is choosing to earn less. It must be shown that the individual is not making an honest effort to earn money. The discovery process is critical to proving such conduct. Finally, if the Court orders the payment of child support arrears then one must understand the process of collecting them.
One point I stressed through each of these articles is that it is best to contact a family law attorney to assist you in these types of cases. Counsel can help you understand how the Court is likely to rule in a given situation and what the steps will be as the process moves forward. As a Melbourne child support lawyer I have handled many matters involving underemployment. Contact my office today to schedule an initial consultation. My office also services clients in the Brevard County cities of Titusville, Cocoa, Palm Bay, Grant, Valkaria, and Rockledge, as well as in the Indian River County areas of Fellsmere, Sebastian, Vero Beach, Indian River Shores, and Orchid.