During a Title IV-D administrative proceeding brought by the Department of Revenue concerning child support, the first presumption is that the father has no time sharing at all with the child. The father will be awarded no rights, have no say in what happens to the child and will not get credit for things that he may buy the child. These are all things that are outside of the scope of what the department can get involved with and what the hearing officer has the authority to order.
The determination of paternity in these proceedings is for the sole purpose of ordering child support. The statute that authorizes these proceedings specifically states “neither the department nor the Division of Administrative Hearings has jurisdiction to award or change child custody or rights of parental contact. Either parent may at any time file a civil action in a circuit having jurisdiction and proper venue for the determination of child custody and rights of parental contact.”
If you are subject to this kind of hearing, it is crucial to have legal counsel to represent your interests and rights, especially if you are a father. Also, did you know that any ruling concerning a Department of Revenue and child support hearing matter can be overturned by a circuit court judgment?
At The Law Office of Gustavo E. Frances, P.A., I handle Department of Revenue child support matters with an eye toward accomplishing a fair outcome that meets the needs of parents and the children. I encourage you to speak with me during a free initial consultation by calling 954-533-2756 today.
What Happens To Fathers In These Situations?
Once the determination of paternity is made, the court will order monthly payments of support, but the father still has no rights. If a father wants rights to see the child then he must go through the circuit court. If the father wants to receive the appropriate amount of credit toward the child support for the amount of time he spends with the child, he must file an action in circuit court. The amount of money ordered for child support is directly related to the amount of time spent with the child. The more time a father spends with the child, the less the amount of support will be.
There are specific deadlines that are involved in order to preserve your rights in this matter. You have 20 days from the day you receive the IV-D documents to notify the Department of Revenue that you have contested issues such as time sharing so that you can go to the circuit court and fight for your rights. The Department of Revenue has the right to ask the hearing officer to order a purge amount for any unpaid child support. This means that the hearing officer can give you a number to pay, and if it is not paid throw you in jail until it is paid.
Why Hire An Attorney For These Matters?
This is one of the many reasons it is important to hire an attorney to represent you. There is no one in these proceedings that is on the side of the person who owes the support. The Department of Revenue is there for the sole purpose of getting money for the mother. The Office of the Attorney General is there for the purpose of representing the Department of Revenue.
Many people are forced to pay high amounts of child support even though they do not have jobs. The Department of Revenue will seek to impute income to you. Being unemployed is no defense to not paying support. If you do not have the protection of a lawyer on your side, then the Department of Revenue will decide what it thinks you should be earning and determine your support based upon that number. In sum, it is crucial to have the appropriate defense as soon as possible.
Timing Is Crucial In These Cases
Having an attorney will also ensure that you have your day in court and that your voice is heard and counted. Contact The Law Office of Gustavo E. Frances, P.A., toll free at 954-533-2756. My office is available 24 hours a day, seven days a week. Consultations are always free and confidential.
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