Questions typically asked about family-related issues, answered by Mary Ann Scherer.

Q. How long do I have to be a resident of Florida before I can file for Dissolution of Marriage?   One party must have resided in Florida for 6 months prior to filing a Petition for Dissolution of Marriage in Florida. Q. What is the definition of a "resident" for filing of Dissolution of Marriage in Florida? One who lives in Florida with the present intention to reside in Florida indefinitely.  Military personnel and individuals who must travel for job requirements may still be considered residents. Q. How much child support will I pay? Child support in the State of Florida is determined by support guidelines stated in Florida Statutes.  The payment of child support depends on the following: Number of children Net income of the mother and father       Court ordered support for other children Childcare costs Health insurance costs and other factors, which you can discuss with an attorney in determining the amount you will be responsible to pay Q  Do I need to prove fault to obtain a Divorce in Florida?   No. Florida is a No Fault State. You have to tell the court that the marriage is irretrievably broken and cannot be put back together through counseling or other means.  Q. How can I make sure my children receive the support they are entitled to receive? If you have a Florida judgment, you may apply to your local support division in the court where your support order was entered for Assistance in Collection.  An Income Deduction Order can be obtained and served upon the other parent’s employer.  Payments will come directly from the employer, which are deducted from the paycheck of the other parent.  If your judgment is out of state and the other parent resides in Florida you will need file for a domestication of that judgment so Florida can assist in collection of the child support.  Q. Will I be able to move out of the State of Florida if I receive custody/ primary physical residence of my child? The court in Florida looks at certain factors (absent any agreement between the parties) as to whether to allow the primary residential parent to relocate with the child such as: Is the move likely to improve the general quality of life of the primary residential parent and child? How will visitation be affected?  Will the substitute visitation be adequate to make for a meaningful relationship for the secondary residential parent?  Will the transportation costs be financially affordable by the parties?  Is the move in the best interest of the child? Q. Who can place a child for adoption in the State of Florida? The Department of Children and Families, an intermediary who is a physician or attorney licensed in the State of Florida, or an adoption agency licensed in Florida can place a child for adoption. Q. I have located a birth mother in the State of Florida and she is asking me to pay for her expenses during the pregnancy. Am I allowed to do this? You are allowed to pay actual pre-natal care and living expenses for a reasonable time -- not to exceed six weeks after the delivery. There are other requirements if an intermediary is involved in the adoption. Contact an attorney specializing in the field of Adoption in the State of Florida for detailed information. Q. How can I remove myself from an abusive relationship? You need help in formulating both a plan for exiting and a plan for safety during and after the removal. This plan should include any children that are at risk. Call a family attorney to obtain referrals to local services to educate and protect yourself.  When you have obtained the necessary information, an attorney can assist you in filing any legal paperwork including restraining orders for the protection of individuals who may be affected by this removal.  Q. What happens when the State takes custody of a child? The State of Florida will take custody of any child that has been found to be abandoned, abused, or neglected. The parents have a right to be represented by an attorney when this happens. If they cannot afford an attorney, one will be appointed for them, but the fee may be assessed against any property they may acquire. The parents will be ordered to perform certain tasks to convince the court that they  have eliminated the risk -- to the child -- that brought the action before the court.  If there are factors such as substance abuse or mental disease, appropriate evaluations and treatment programs will be ordered.  If domestic violence or neglect is the cause of the filing, classes will be offered to provide the parents with proper parenting skills and education as to the effects of domestic violence on the family and children. An attorney will assist the parent in explaining the procedures and responsibilities of the parents, which will help in the prompt return of the child to the parent.