How Florida Marriage Dissolution Affects Child Custody

Child Custody after Dissolution of Marriage in Florida:

The subject of dissolution is a popular one, but few married couples will actually be able to achieve it. Why? There are a few reasons of course, one of which might be that the couple in question cannot actually prove that they have come to a mutual conclusion. Should there be any type of disagreement at the proceedings, the couple will be referred to counsel instead. That being said, you can clearly see why it is important for you to keep your cool at these meetings.

It is entirely possible to achieve shared parenting after a dissolution, and it is in fact the preference of the court to preserve the institution of family as much as possible. There are however a few guidelines that must be followed if a child custody agreement is to be reached. In all cases, child support is due from the parent that does not retain full custody according to Florida Statute 61.12 Part 1:

(1) So much as the court orders of the money or other things due to any person or public officer, state or county, whether the head of a family residing in this state or not, when the money or other thing is due for the personal labor or service of the person or otherwise, is subject to attachment or garnishment to enforce and satisfy the orders and judgments of the court of this state for alimony, suit money, or child support, or other orders in proceedings for dissolution, alimony, or child support; when the money or other thing sought to be attached or garnisheed is the salary of a public officer, state or county, the writ of attachment or garnishment shall be served on the public officer whose duty it is to pay the salary, who shall obey the writ as provided by law in other cases. It is the duty of the officer to notify the public officer whose duty it is to audit or issue a warrant for the salary sought to be attached immediately upon service of the writ. A warrant for as much of the salary as is ordered held under the writ shall not issue except pursuant to court order unless the writ is dissolved. No more of the salary shall be retained by virtue of the writ than is provided for in the order.

This essentially states that garnishment of wages is an option that should be pursed by the court if such an agreement is actually reached. That being the case, if it is determined that one party is to pay child support, his or her wages will actually garnished, which entails being taken directly out of the check assuming that the individual is not taking under the table wages.

The amount of child support taken each month will depend heavily on the individual's salary as well as the number of children parented during the marriage. On that note, one of the highest amounts of child support paid in the United States was actually around $50,000 per month.

The next standard and requirement by the court in cases of child support is that each parent will need adhere to Florida Statute 61.12 Part 2:

(2) The provisions of chapter 77 or any other provision of law to the contrary notwithstanding, the court may issue a continuing writ of garnishment to an employer to enforce the order of the court for periodic payment of alimony or child support or both. The writ may provide that the salary of any person having a duty of support pursuant to such order be garnisheed on a periodic and continuing basis for so long as the court may determine or until otherwise ordered by the court or a court of competent jurisdiction in a further proceeding. Any disciplinary action against the employee by an employer to whom a writ is issued pursuant to this section solely because such writ is in effect constitutes a contempt of court, and the court may enter such order as it deems just and proper.

This entails that each parent will need to achieve medical coverage for the child. If a parent cannot afford medical coverage for any reason, the appropriate solution would be to approach the county for support.

Depending on the level of income, a parent may be approved to receive medical benefits from the county for their children or even themselves if they have a medical condition such as diabetes that requires constant medical care.

The court recognizes that children must be placed in a fit home after the divorce and with that being the case investigations may be made by child protective services to actually ensure child welfare. Then again, it is possible for an agreement to be made outside of court so long as both parties are content. As we said before, attaining dissolution does not have to be difficult, just make sure you work out the details before you head to court so that there are no huge surprises.

This overview of how dissolution relates to child custody should help divorcing couples cope with this aspect of divorce much better. It is important to always speak to a professional regarding the unique details of your situation.