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Child Custody, Timeshare, Child Support, Retroactive Child Support, Enforcement of Child Support.

 Fort Lauderdale, Boca Raton, Palm Beach Florida. Investigators

Our agency uses the most innovative equipment and resources available, our experienced investigators produce effective results for many of our clients.   We Are A Local Fort Lauderdale Professional Private Investigation Services. Our agency specialize in infidelity surveillance, divorce, child custody cases, workplace thefts, or the fake slip and fall accidents.

Child Custody Interviewing is an art, studied and developed over many years. Whether your case involves a workers’ compensation claim, a personal injury case, witness to an alleged crime or the possibility of employee dishonesty, you can rely on our agency.  We listen to the interviewee and then ask the right questions, in the right sequence with the right follow up questions to obtain a clear and concise description of the evidence and facts. Our Investigators can provide this service without prejudice and deliver the results in the written or recorded media of your choice, again saving your valuable time and money.

Child Custody Florida Investigators, Boca Raton

Child Custody Cases, Florida Private Investigators.

Anchor Investigations, Florida Agency A9700024, DBA, Civil, Corporate Florida Investigators.


Telephone: (561) 206 - 4313
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Locating And Serving the deadbeat parent is just one of the few steps in recovering or receiving past. current and future child support payments.

Building a profile on the individual lifestyle.  It is important for the courts to determine what. how. who an individual spend his/her assets

 

Child Support does not end at the age of 18 years of age..  Who pays for college, What parent is responsible for medical - as of 2014 a child may live under a parents medical plan.  


Statewide Investigations. Our Investigators are located in Fort Lauderdale, Boca Raton, Palm Beach, West Palm Beach, Delray Beach, Naples, Miami, South Beach and Key West Florida.   If you need assistance in investigations of a delinquent parent with past child support - contact our agency.

 

We provide the investigators to document the activities and lifestyles of an individual.   With our surveillance services our clients can address issues of their suspicions or concerns.

 

Our Florida Investigative Services specializes in investigating workers compensation, liability, and medical malpractice claims. Surveillance is usually conducted for trial evidence and documentation purposes. Surveillance is completed at the request of the client, and is done on consecutive days, or on specific days and times when the person is most likely to be active. Our agency is equipped with the latest state of the art video surveillance equipment.

 

 

 

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Penalties,  Child Support.


Twenty Year Statue of Limitations.


Child Support,  Enforcement and Collection.


Telephone: (954) 768 - 9222

Telephone: (561) 206 - 4212



Penalties for Failure to Pay Child Support .

Florida has a variety of enforcement methods to compel child support payments.

Child support is a court-ordered payment paid by the noncustodial parent and designated to help the custodial parent with expenses of raising children.

Florida's procedures are especially designed to prevent failures in paying for child support before they occur.

To receive the full benefit of state enforcement assistance, the custodial parent should register her child support court order with the state. Once the order has been registered, Florida will facilitate payments and enforcement actions in the event that the noncustodial parent falls behind on payments.

If you receive public benefits such as Medicaid or welfare, you are automatically referred to Florida's Child Support Enforcement Division. Others should complete a registration application so the state can begin enforcement efforts.
Wage Garnishment

The primary method of collecting child support payments in Florida is through wage garnishment. Florida employers collect more than three- quarters of the total child support owed by withholding the amount necessary to pay current support obligations, minimizing the possibility that the noncustodial parent will fall behind.

If the automatic income withholding method fails for some reason, Florida can automatically take action to obtain payment. The state has a variety of enforcement methods beyond the automatic wage withholding to secure payment, and in certain cases the federal government may also get involved .

Collection of Past Due Payments

Once child support is more than 30 days late, the debt can be reported to a credit agency until the outstanding child support amounts have been paid. Also, if a parent is in arrears and his Florida driver's license has expired, the state may deny renewal of the license.

The state may also suspend an active driver's license for failing to meet child support obligations or place a lien on the noncustodial parent’s car or other personal or real property, which prevents the owner from selling or borrowing against the property.

If the state owes money to the noncustodial parent, it can retain that payment as full or partial satisfaction for owed child support. For example, owed child support could be deducted if the noncustodial parent wins in the state lottery.

The federal government can also withhold tax refunds to collect past-due child support.
Willful Refusal to Pay

If a noncustodial parent refuses to pay child support after the state has taken several enforcement measures, the court can hold him or her in contempt of its orders.

For contempt, the court must find that the parent was able to pay but refused. If support is not paid, the consequences of contempt are severe, ranging from the court modifying custody arrangements to assessing fines.

Ultimately, the parent held in contempt can face possible jail time until the amount is paid; this is called a purge amount.

The court may also determine a specific period for jail time, up to five months and 29 days without a jury trial. It is within the court's discretion to select the punishment that best fits the situation.

In addition to a state court contempt order for willful refusal to pay child support, the federal government may also intervene.

When payments are not made for more than a year, or the outstanding amount of child support owed is more than $5,000, the federal government may act through the Office of the Inspector General. The OIG's office has the authority to impose penalties such as fines, up to 6 months in prison or both.
Domesticated Order

If an individual leaves Florida in hopes of shedding his child support obligation, the state will continue to seek payment by establishing the order in another state.

The outstanding amount of child support will be pursued by an attorney or the relevant agency in the new state.

To establish or domesticate the child support obligation, a certified copy of the child support order must be filed in the court in the new state along with an action seeking domestication of the child support order and notice given to the noncustodial parent.

Twenty Year Statue of Limitations

Child support has a 20 year statute of limitation for any orders entered after August 7, 1987.

It is theoretically possible for a 65 year old mother to obtain child support for their 35 year old son. If the support was due and not paid prior to that boys 21st birthday.

For example, if a father does not pay child support for his son and when the son is 15 through 21 years of age there is a 20 year statute of limitation whatsoever that will release the obligation. Unfortunately, if the enforcement did not occur close in time to the actual default there is no judgment and the person entitled to the support is not receiving the 9% interest due to judgment creditors.

Nevertheless, in our scenario listed above the 65 year old mother would receive support that was due for her even though her son is 35 years of age. In these economic times we are receiving complaints by parents who say that the non-custodial parent failed to pay support from the ages of 17 to 21 for the children.

The children may be in college and/or over 21 and we are successful in obtaining support orders. There are certain instances in where a child is not entitled to support if a obligor (a person who is obligated to pay support) can claim the child has purposefully refused a relationship with the parent.

This is a difficult task and we have been successful there as well. These applications must be made before the child reaches their 21st birthday. In summary, child support does not easily go away. It can't be discharged and if a person does not pay child support for 1 or 2 years those arrears will remain for at least 20 years.

It is always preferable to make an application for enforcement of the default sooner than later so that it can be reduced to a judgment and 9% interest can be obtained or seized through bank accounts; retrieval of tax refunds; and other means can be exercised to get the money that is due to the child..


Child Support, Defined


Child support is defined as a court ordered obligation of financial support for the care, maintenance, training, and education of a child. Child support is the responsibility of every parent, regardless whether the two parents are married, divorced, or never married. Under Florida child support law, parents are not able to waive child support obligations. Parents of a minor child have a legal and moral duty to support and maintain their child. See Finn v. Finn.

However, parents are allowed to stipulate and agree to the amount of child support, so long as the amount is in the best interests of the child. See Fox v. Haislett. Agreements on child support are subject to approval by a Florida family law court and will only be approved if the agreement provides for the proper care and maintenance of the child. Therefore, if you are able to reach an agreement with your child's parent you should contact a child support attorney for advice on whether or not the agreement will hold up in court.

Retroactive Child Support: Under Florida child support law, a parent has the right to seek retroactive child support. For instance, if a child is born out of wedlock and paternity was proven when the child turned 12 years old, the court can order the father to pay retroactive (back) child support. The retroactive child support will date back to when the parents did not reside together in the same household with the child. However, the period for the back child support amount must not exceed 24 months preceding the filing of the petition for child support.

Prior to the enactment of the retroactive child support law, back child support for paternity cases was not limited to 24 months and could go as far back as to the birth of the child. The retroactive child support statute was enacted in 1998. Therefore, if a child was born prior to 1998 the amount of back owed child support will not be limited to just 24 months. See Harris v. McKinney. In these cases, the mother may seek child support dating back to the date the child was born. Additionally, the mother may be able to sue for retroactive child support even after the child is over the age of 18. See Campagna v. Cope.

Calculating the Amount of Back Child Support:

The amount of child support to be paid is based primarily on the Florida Child Support Guidelines. The Guidelines outline how much child support will be required by each parent based on their net income and the amount of children involved. In retroactive child support cases, this can be very difficult because the parent's income may have fluctuated during the period child support should have been paid.

For instance, if the parents had incomes that varied weekly during the 24 months, the court may have to make individual determinations for each week during the 24 month period.

All payments made by the father or third parties for the benefit of the child throughout the proposed retroactive period will be factored into the amount of child support owed. Additionally, the court must consider allowing a payment plan for the amount of retroactive child support to be paid.

Child Support In Florida,   Support Order.



Child Support in Florida.

Under Florida laws, both parents are obligated to provide financial support for their minor children, during the marriage and following a divorce. Florida courts use specific methods of calculation to determine how much child support will be paid by one parent to the other.

In many divorce and custody proceedings, child support can be one of the most important determinations the court will make. Generally, a determination will be made as to which parent is the primary residential parent, or which parent the children will primarily live with. Once this determination is made, the court will calculate the amount the non-residential parent will pay in child support to the residential parent.

The court, after going through the Child Support Guidelines Worksheet, will order payment of child support which can vary only five percent from the final guideline amount. This variation will take into consideration any relevant factors such as the child(ren)'s individual needs, the age of the child(ren), the current standard of living and the financial status and ability of each parent. A variation of more than five percent may only be awarded when a written finding which explains why staying with the guideline amount would be unjust or inappropriate is included.

Determining Each Parent's Income

The income of each parent is an important starting place to determine a final child support amount. Gross income includes salary or wages, any bonuses, commissions, tips or overtime pay, business income from self-employment, partnerships or corporations (business income equals gross receipts of the business minus ordinary and necessary expenses), disability benefits, workers' comp benefits and settlements, pension, retirement, annuity payments, social security benefits, unemployment benefits, spousal support from a prior marriage, interest, dividends, rental income and any income from estates.

If one parent is unemployed or underemployed, a monthly income will be imputed for that parent; if the unemployment or underemployment is voluntary, probable earnings will be determined based on recent work history.

If either parent fails to participate in determining child support amounts by providing income, an income may be automatically imputed to that parent.

Deductions Allowed From Each Parent's Income

After each parent's income is determined, certain deductions from that income will be allowed, including the following:

Retirement payments, child support or spousal support for a previous marriage, health insurance payments, federal, state and local income tax deductions, federal insurance payments and union dues.

Health insurance premiums for the children

Cost of daycare

Certain other allowable deductions

Children with extraordinary medical, educational, dental or psychological expenses may change the amount of the support payments, as can any independent income of the child. Generally, older children will have greater needs, therefore the age of the children can be a factor in the adjustment of child support amounts.

All assets available to both parents and to the child will be factored into the final amount as well as the impact of earned income credits, child care tax credits and the dependency exemption claimed on Federal taxes by one parent. When a Parenting Plan has the child spending a significant amount of time-yet less than 20 percent of overnights - with one parent, the amount of child support may be reduced accordingly to the parent whose financial expenditures for the child are reduced as a result.

Should the parent who is obligated to make regular child support payments have other children living with him or her who were born or adopted after the order of child support, this will generally not be considered by the court as a reason to reduce child support amounts, although if that parent takes secondary employment primarily to support subsequent children, this extra amount may not be considered to modify the current amount of child support.

As an example, if a parent's ex is currently paying $400 per month child support, then remarries and has three more children and is forced to take on a second job to support those children, the receiving parent is precluded from asking the court for an upward modification of child support based on that extra income.

Calculating Child Support After determining income and deductions, the number of children from the marriage will be factored in, and the court will allocate a percentage of the net income to be paid by each parent. If the non-residential parent has the children for at least 73 overnight visits each year, this will be calculated into the final determination of child support and will result in an adjustment to the amount of child support.

The Child Support Guidelines Worksheet can give you a good idea of how much money you will be required to pay or will receive, however the final amount will be determined based on your individual circumstances.

The court can consider outside sources of income available to the child, as well as whether a child will require special medical, dental or psychological care. In the end, assuming both parents are honest about income, the mathematical formula offered by the Child Support Guidelines Worksheet can make the determination of child support the simplest component in your divorce.

A Child Support Order.


A child support order is a legal order that establishes a parent's periodic obligation to pay child support. A parent also may be ordered to provide health insurance or pay all or part of a child's reasonable and necessary medical expenses. A child support order is based on the specific circumstances of the parties and it states the amount owed, the frequency (weekly, monthly), where to send payments, and other terms.

Payment Information provides information about the many ways that parents can use to pay their child support. If you are having trouble paying your support on time you should come to our office to talk about your situation. If payments are not made as ordered and we do not hear from you we will take steps to enforce the order and collect the money that is owed.

These are some of the actions we take when child support payments are not made as ordered:

Late payment notices

Income withholding

Driver license suspension

Driver license reinstatement

Business, professional or recreational license suspension

Appointment Notice

Federal income tax refund intercept

Florida lottery winnings

Reemployment Benefits

Worker's compensation

Personal property liens

Credit reporting

Garnishment

Circuit Court

Passport Denial

Collect Medical Expenses Not Covered by Insurance

.

Enforcement And Collection



Enforcement and Collection

If a non-custodial parent fails to pay court-ordered child support, the custodial parent can rest assured that federal and state laws mandate tough enforcement procedures.

Those who are delinquent and owe back child support are often called "deadbeat parents," a term that also is often used in the titles of state laws meant to ensure the timely payment of child support. In legal terms, those who are delinquent in child support payments are said to be "in arrears."

. If a non-custodial parent fails to pay court-ordered child support, the custodial parent can rest assured that federal and state laws mandate tough enforcement procedures.

Those who are delinquent and owe back child support are often called "deadbeat parents," a term that also is often used in the titles of state laws meant to ensure the timely payment of child support. In legal terms, those who are delinquent in child support payments are said to be "in arrears."

A number of states and counties shame deadbeat parents by posting their pictures, names, and delinquent amount online. Examples include Riverside County, California and Suwannee County, Florida.

Federal Child Support Laws

The Child Support Enforcement Act of 1984 grants districts attorneys and state attorneys generals the authority to collect back child support on behalf of custodial parents.

This and other federal child support initiatives are managed by the Office of Child Support Enforcement within the U.S. Department of Health and Human Services (DHHS).

A deadbeat parent's failure to follow directives from a district attorney or state authority could subject them to penalties including jail time.

However, Since a jailed parent is unlikely to be able to make regular payments, it is reserved as a last resort and used more as a deterrent. The goal is to encourage non-custodial parents to pay the ordered amount of child support, so enforcement typically begins with the removal of certain privileges and other restrictions.

For example, a parent owing more than $2,500 in support may be denied a passport until he or she pays their past due balance.

Enforcement and Collection Continued.


Enforcement and Collection of Back Child Support

In accordance with the Act, state attorneys may take any of the following enforcement measures against a delinquent non-custodial parent:

Garnishment of wages

Liens against property or real estate

Reporting the debtor to credit bureaus

Freezing bank accounts

Suspension of professional or driver's license (in some states)

Contempt order

Jail time

In addition, the federal Uniform Interstate Family Support Act (UIFSA) establishes matters of jurisdiction when more than one state is involved in a child support dispute. Specific components of the act are as follows:

States must defer to child support orders entered by courts in the child's home state. Continuing exclusive jurisdiction (CEJ) is granted to the place where the order was originally entered.

Only the law of the state with CEJ may be applied to modification requests. A custodial parent may have an order mailed to an out-of-state court for assistance in enforcing the order.

A custodial parent may have an order mailed to the employer of the non-custodial parent (for wage garnishment).The enforcement of child support orders is handled at the state level, but the procedures are generally quite similar among all states. See State and Tribal Child Support Agency Contacts (DHHS) for specific information pertaining to your state or jurisdiction.

According to New York's Division of Child Support Enforcement, a delinquent non-custodial parent in the state is sent a notice explaining the child support process, including a time frame for payment and detailed instructions for how to comply. Depending on the amount of child support owed, or the length of time past-due amounts have been accruing, the state may take actions such as wage garnishment; interception of unemployment insurance; driver's license suspension; or passport denial (this is not a complete list). If these administrative penalties fail to induce payment, probation or jail time may result.

If the Non-Custodial Parent Cannot Pay Back child support is on the short list of debts that cannot be discharged in bankruptcy. But even though deadbeat parents face the possibility of jail time for nonpayment, no one will be jailed simply for lack of means. A non-custodial parent who is unable to make full payments must file a formal motion requesting modification of child support, reflecting his or her current financial situation. Failure to file a motion could result in a default judgment of delinquency.

 

 

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