In an attempt to make it easy for the child support division to increase collections, the Paternity Acknowledgement Form (PAF) was created.  The form is also known as Declaration of paternity and paternity opportunity program.  Once this form is signed by an alleged father, the child support enforcement division can start collecting support payments. 

In some states, there are programs that encourage the voluntary signing of the PAF.  However, in many cases, a nurse is required by the state to ask the father to sign a Paternity Acknowledgement Form.

Generally, it is advised that you visit your local hospital before your child is born and pick up a copy of the PAF.  Usually, you will be provided with an informational pamphlet which you should read through carefully before signing the PAF and designating yourself as the biological father.

If you have questions related to a paternity or family law issue in Florida, contact Ellerin Hutchinson to set up a time to meet with a Jacksonville family law attorney that handles paternity cases.

This week, it is reported that conductor Paul Hillier had to make an unusual detour before leading the ensemble Ars Nova Copenhagen at Lincoln Center's Mostly Mozart Festival this past Friday night.  While in route to Alice Tully Hall from Copenhagen, he spent part of last week in New Jersey in jail after police arrested him for an outstanding warrant for criminal nonpayment of child support.

A newspaper reported that Mr. Hillier, who was born in England and now lives in Denmark, was indicted on August 5^th by an Oregon grand jury on four felony counts of criminal nonsupport.  He allegedly failed to make approximately $90,000 in payments for his two daughters who live in the state. 

Hillier was arrested at Newark international Airport and then taken to Essex County Jail.  The newspaper reported that the conductor had wired money to an account in the Support Enforcement Division of Oregon's Multnomah County and a deputy district attorney said that he has, "been fairly cooperative, once we got his attention."

If you are having difficulties with a child support matter in Jacksonville, contact our law office and set up a time to speak with the Jacksonville family law attorney now.

While many papers and magazines are writing that a quiet settlement has been reached for reality TV stars Jon and Kate Gosselin, according to CNN it appears that such an agreement has yet to be found. Back in April, Jon filed for primary child custody, claiming that Kate was both abusing the current child custody terms and was absentee as a parent during her gig on the show "Dancing with the Stars."

Due to this, he was fighting to gain custody over all of the children. In conjunction with this paperwork, Jon also was looking to restructure his current child support payments which are said to be around $21,000 a month. While some are claiming they have reached a "highly exclusive" agreement, Mary Vidas, Jon's attorney, has said that such a settlement has not, in fact, been reached at all.

If you are in a situation where you are currently facing a contested divorce, an uncontested divorce, are looking to reach a successful agreement regarding alimony or spousal support, it is in your best interested to contact Ellerin Hutchinson as soon as possible. By working with an experienced Jacksonville family lawyer, you can be confident that your best interest is being looked after in every way possible.

In the state of Florida, when a child support order is issued by the court, the amount of support that is to be paid is based upon 1) the needs of the child and 2) the income of both parents.  Often times, parents experience changes in the income they earn.  When this happens, they may seek modification of child support, which is a change in the amount of support that is to be paid.

Parents may seek child support modifications anytime they:

§  want to add or remove a child from an order

§  want to add or remove medical support from the order

§  want to increase or decrease the amount of child support due to change in income

§  want to extend the time support needs to be paid

There are numerous reasons why parents may seek child support modification.  In order to know if their reasons are valid and will pass a Child Support Order Review, parents should work with a Jacksonville family law attorney at Ellerin & Hutchinson.  Contact us today to discuss modification.

In the state of Florida, a child support order tells a parent exactly what he or she must do to support his or her child.  The amount of the child support order that is awarded will always be based upon the laws of the state and the state's child support guidelines, which are used to make sure that payment amounts are fair.

Generally, the state of Florida will consider the following factors and guidelines before determining the amount of a child support order:

§  Income of both parents

§  Children's health and health needs

§  Children's standard needs

After considering these guidelines, the court will decide upon the amount of child support a parent has to pay.  It is important to note that in some cases, the amount of child support awarded may be higher or lower than the state's established guidelines.  For example, if a child has special needs, the child support amount that is awarded may be higher.

If you would like to get an estimate of how much child support you will have to pay or will receive, you should speak with a Jacksonville family law attorney.  Contact our firm today to set up an initial case evaluation.

In the state of Florida, if a non-custodial fails to meet his/her child support obligations, he/she can face numerous consequences.  This is due to the fact that the state has strict enforcement laws and will take serious measures to collect past due financial support from parents that are delinquent.  If you are behind on your child support payments, know that the state may:

§  Intercept your IRS tax refunds

§  Take your gambling/lottery winnings

§  Intercept your Workers' Compensation payments or Unemployment payments

§  Freeze your financial accounts

§  Issue liens against your personal assets (example:  your home, your vehicle or real estate)

§  Suspend your driver's license and/or occupational licenses

§  Make you serve time in jail

Due to the fact that failure to pay child support can lead to such harsh legal penalties, it is important that you speak with a Jacksonville family law attorney anytime you fall behind on your child support or find it difficult to make payments.  By doing this, you will become informed of alternatives that may help you avoid the aforementioned consequences.

Contact Ellerin & Hutchinson today to learn more about your child support options!

In North Carolina, it is reported that Cpl. A. E. Villalobos has little problems with tracking down people who fail to adhere to the law.  This past weekend, Villalobos and 30 other officers participated in an annual program known as Operation Child Support.  During the program, officers work tirelessly to track down fathers and mothers who are delinquent with their child support payments.

According to Villalobos, when parents are finally caught, they tell officers that "they have been paying their child support."  They tend to deny that they are behind. 

This year, police were able to put 25 people in jail who were late on their child support payments.  Officers say that the arrests added up to $74,000 in bond payments over the weekend.  Despite the many arrests that were made, Villalobos says that the department still has 400 outstanding child support warrants.

Sgt. Leonard Antonelli told news sources that delinquent child support is, "quite a large problem."  Officers plan to continue their efforts to track down parents who are not paying their monthly support amounts.

If you are owed child support and would like to speak with a Jacksonville family law attorney, now is the time to contact Ellerin Hutchinson and learn more about your options.

If you are not receiving child support payments on time in the state of Florida, know that you have legal options at your disposal.  One such option is known as an enforcement action.  When parents obtain enforcement actions, the court will file judgments against non-paying parents.  This may lead to individuals receiving liens against their real property, like their homes.

According to the laws of Florida, all court orders must be followed, including orders for child support payments.  If parents are not receiving their child support payments, they can contact the Florida Department of Revenue's Child Support Enforcement service.  By taking this step, parents may be able to obtain an Income Deduction Order, which will allow for employer's to deduct child support payments from non-paying parents' paychecks.

As you can see, when you are not receiving child support, you do have options. The key to becoming aware of your options is consulting with a Jacksonville family lawyer.  Contact Ellerin Hutchinson today to learn more.

A new TV show is looking for parents that are owed child support payments and parents who are currently behind on support payments.

According to the producers of "Most Wanted Deadbeat Parents", there are numerous children and parents throughout the country that are suffering and victims of abandonment.  The creator of the show told reporters that the father of her children "has not paid child support in three years. I have triplets and he owes me over $45,000 in back child support and he's in Florida somewhere."   She said that the cable show is expected to air in July.

At this time, she and her team of producers are hoping that the show will do some good as many children and parents are struggling from so called "deadbeat" parents.  Right now, the only challenge is finding participants for the show.

"We would like to get five more local people in the northeastern Pennsylvania area that we could feature in a pilot we're filming July 6 in this area," said the creator.  She also said that the show will help parents get the child support payments they are owed and that her own story will be featured.

If you are having a difficult time receiving child support payments in Jacksonville, contact Ellerin & Hutchinson to consult with a Jacksonville family law attorney.

Throughout the United States, many cities are choosing to crack down on parents that are seriously behind on their child support payments.  One such city is Salem, which is located in the state of Massachusetts.

During the month of April, the Salem County Sheriff's Office cleared 46 child support warrants that involved 29 separate offenders.  Of the 29 offenders, police managed to collect $2,738 in delinquent child support payments.  The police department also managed to serve 19 warrants and 8 Superior Court Warrants.  The recent crackdown led to the arrest of 18 offenders, as well.

According to the Salem County Sheriff's Office, 8 individuals negotiated settlements for their delinquent child support payments, which was a great win for the Department's Child Support Staff.  At this time, the Child Support Staff said that it would continue to make a commitment to collecting missed child support payments so that families and children would have necessary means.

If you are owed child support and you need help recovering missed payments, now is the time to consult with a Jacksonville family lawyer at Ellerin Hutchinson.  We have immense experience handling child support cases and would welcome the opportunity to work with you once you contact us.

A Florida man was sentenced to one year and one day in federal prison after a jury found that he had not made a single child support payment since his divorce was finalized in 2004.

John C. Carlson of Venice, Florida was accused of failing to pay child support in Maine. Because the case involved multiple states--Carlson lives in Florida, but his ex-wife and daughter live in Maine--Carlson was prosecuted in federal court under the Deadbeat Parents Punishment Act of 1998. The case was also heard in federal court because the child support debt exceeded $10,000 and accrued over more than two years.

In addition to spending in a year in prison, Carlson was also ordered to pay $44,000 in back child support that he never paid to his ex-wife. Carlson's attorney is planning to appeal the sentence, and argued that the original divorce decree was unreasonable. In 2004, a judge in Maine ordered Carlson to pay $132 a week in child support and $11,682 in back child support from when the divorce petition was initially filed in 2001. Carlson was accused of never making a payment.

Furthermore, it is believed he took steps to  hide his assets, and it is reported that at the time he and his ex-wife filed for divorce in 2001, he earned $57,000 a year as an engineer and had more than $600,000 worth of assets, which included real estate, vehicles, personal property, and retirement accounts. However, his attorney argues that he now has no assets, no income, and is suffering from "significant health problems that keep him from working as an engineer." He is now employed at a discount department store where he earns minimum wage and cares full-time for his elderly mother.

Experienced Child Support Attorneys Serving Jacksonville

If you have been ordered to pay child support, it is extremely important that you make every possible effort to make your child support payments. Failure to pay child support can result in fines and incarceration, and you will likely be ordered to make retroactive payments for all the child support you haven't paid.

If you are falling behind on your obligations due to financial hardship, do not simply ignore your responsibilities and allow child support debt to accumulate. Instead, contact a Jacksonville child support lawyer at Ellerin Hutchinson. We can help you address your situation and ask the court to modify your payments so they are more affordable. To learn more about our services, contact Ellerin Hutchinson today at (904) 638-3134 to arrange a consultation.

As the recession continues to fuel the unemployment rate in Florida and throughout the country, more and more parents ordered to pay child support are losing their jobs, making it difficult for them to comply with their court-ordered child support obligations. As a result, the courts are seeing a drastic increase in the number of parents requesting a modification of their child support orders.

Here in Florida the unemployment rate recently hit 11.8%, and you can be sure countless parents in Jacksonville and throughout the state are turning to the courts for help.

If you are struggling financially and are having a difficult time making your child support payments, an attorney at Ellerin Hutchinson can help. We understand that due to circumstances outside of your control you may have trouble making your child support payments. We know you’re not a deadbeat parent, and can help you request a modification from the court. As long as you can prove that you have experienced a significant change in circumstances that prevents you from complying with the child support order, and can prove you simply do not have the financial means to make your current payments, the court should agree to lower your payments. In the event the court denies your modification, we can appeal the ruling and find other ways to help you.

To arrange a consultation with an experienced Jacksonville child support lawyer to discuss your situation, please contact Ellerin Hutchinson today at (904) 866 4489!

Some are arguing that a child support collection program is unconstitutional.

Parents who have fallen behind on their monthly child support payments may be ordered to enroll in the Pay or Appear program. Under the terms of the program, the parents are required to pay their support obligations on a weekly basis. If they don’t pay in full by 5 p.m. on Wednesday they must appear before a judge the next day and explain why they didn’t pay. If they don’t have a reason or the judge thinks their reason for not paying isn’t good enough, the judge can send them to jail until they make the payments.

While this may sound like a fair way to ensure child support is collected, some of the parents enrolled in the program say it is unfair and unconstitutional.

One man, Childs Roberts of Fort Myers, is challenging the program. He said he’s been arrested 13 times for failure to comply with the program, which requires him to make weekly payments of $132 a week. But that figure is $12 more than what he earns. Roberts says he loves his son and is trying his hardest to provide for him, but that it’s hard to make payments he can barely afford. He also said he’s been arrested for being $1.90 short.

Attorney Sam Assini, who is representing another man whose been jailed for failing to make payments, says the program participants are being denied due process. He says that the participants aren’t given sufficient notice of the court hearing, and are being jailed for a civil matter without issuance of a proper order of findings of fact. He also says the custodial parent does not have to appear at the hearing, so the participant can’t even face his or her accuser.

Assini also points out that the majority of participants who have been jailed for failing to pay are not deadbeat parents, but rather have fallen on hard times due to the poor economy and simply cannot afford to make their child support obligations.

In response, Chief Judge Keith Cary said the court has thoroughly reviewed the program, and found it to be constitutionally sound. And program coordinator Rita Heckler said the program is incredibly effective in collecting child support. She said that since 2002, the program has collected nearly $7 million. In 2009 the program collected $1.3 out of the $1.4 million owed, which equates to a 91.5% success rate.

If you need help with a child support issue, you can turn to Ellerin Hutchinson for help. To arrange a consultation with an experienced Jacksonville child support lawyer at our firm, please contact the office at (904) 866-4489!

An Alaska judge has ordered Levi Johnston to pay Bristol Palin, the daughter of former Vice Presidential candidate Sarah Palin, $18,000 in past-due child support for their one-year-old son. Palin can also subpoena any of Johnston’s commercial earnings in the future.

Palin had been asking for $1,750 per month since her and Johnston split up. However, at an earlier hearing, Johnston told the judge his income wasn't stable enough to meet Palin’s demands.

Thomas Van Flein, Palin’s attorney, said Bristol is pleased with the judge’s decision.

Palin currently has both phsycial and legal custody on Tripp, but has been working out visitation arrangements with Johnston so he can see his son. Right now he only sees the boy on Saturdays, but they are working on creating a more regular schedule. They hope to have that schedule ready by their next court date, which has been set for September 23. Both Palin and Johnston say they want to put their son first.

In addition to the $18,000 in overdue child support, Johnston must also pay Palin $1,600 a month from here on out.

Jeffrey Toobin, an author and legal analyst for CNN, is the most recent public figure at the center of a paternity dispute.

Toobin recently appeared in a Manhattan family court to address accusations that he is the father of Casey Greenfield’s baby.

Greenfield and Toobin worked as associates at Gibson Dunn, one of the biggest law firms in the country, but the married Toobin has never publicly acknowledged or admitted to having an extramarital affair with Greenfield. There are, however, rumors that he privately acknowledged his relationship to Greenfield's child.

Greenfield, daughter of CBS News analyst Jeff Greenfield, has been asking Toobin to pay child support. Toobin refuses to put his name on the child’s birth certificate and has not paid a Greenfield a cent, which is why the two found themselves sitting in family court last week.

It is highly likely that Toobin will take a paternity test to determine whether or not he is the child’s father. If Toobin turns out to be the father, he will be held accountable for paying child support.

Men and women throughout the Jacksonville area come to Ellerin Hutchinson for help establishing paternity. Taking a DNA test is often the only way a man or woman can learn for certain the identity of child’s biological father. If you need help establishing paternity, you can depend on an experienced Jacksonville paternity lawyer at Ellerin Hutchinson to provide you with the dedicated representation you need.

Contact Ellerin Hutchinson today to schedule a consultation with an attorney at the office!

As the economy forces more companies to lay off employees and more employees are losing their jobs, those people who have been ordered to pay child support are having trouble making their payments. These are not people who are lazy or trying to shirk their responsibilities, but rather cannot afford to make their payments because they are not receiving any or enough income. Ask any child support agency in any county and they’ll likely tell you they’ve seen a significant increase in requests to get child support payments lowered.

The case of Michael Dierolf sheds light on this growing problem.

Dierolf was diagnosed with cancer last year. After undergoing chemotherapy and other treatments, Dierolf tried to hold on to his job as a forklift operator but was laid off in December. Since then he has been unable to make his $140-a-week payments for his two sons. Dierolf says he’s been trying his hardest get a job and collect unemployment, but so far has had no luck.

Not one to avoid his responsibilities, Dierolf met with a representative at his local child support agency to get his payments lowered and set up a repayment plan. He says as soon as he gets a job he plans to pay back the $3,000 he owes. Fortunately the representative was understanding of Dierolf’s situation, and is giving him another month or so to try and find a job.

When a parent fails to make child support payments the state of Florida will withhold their tax return and use it to pay back any past-due payments. While this policy seems far enough it becomes a problem when a person is wrongly identified as a child’s father. 

This happened to 22-year-old Rusty Cole, a National Guardsman from Port Orange. The state withheld his tax return because they had records indicating Cole was the father of a child born in 1995. The only problem is Cole has never met the mother and was seven years old at the time the child was born, basically making it impossible for him to be the father.

Dependent on that money and desperate to receive it, Cole continuously made efforts to contact the department of revenue but to no avail. Progress was finally made when Cole wrote an e-mail to Governor Charlie Crist explaining the mix-up. Cole finally received an apology from the department with the promise that his return would be processed right away.

Cole’s not getting his hopes up yet. He said he will not feel any relief until his tax return is safely in his hands and he can say for certain that this will never happen again. He also wants the ordeal taken completely off his record.

Have you been wrongfully accused of owing child support? If so, an experienced  Jacksonville family law attorney at Ellerin Hutchinson can help. To arrange a consultation to discuss your case, please contact the office today by calling (904) 866-4489 or by filling out an online case evaluation.

A Florida man was sentenced to two years in federal prison for willful failure to pay child support.  In addition to the two-year prison sentence, Robert George Cahill was also ordered to pay $72,732 in past-due child support for his daughter, now 17, and his son, now 13.

Cahill, 41, was ordered to pay child support in April 1997 by a Lee County state court judge.  Even though Cahill was aware of his child support obligations and was often employed, he only made child support payments occasionally.

According to an article on Tampa Bay Online, authorities were able to involuntary take payments by arresting him and then requiring him to pay cash bond in order to be released.  That money went towards his child support arrears.  Cahill also had his tax refund seized and had to pay $300 to avoid getting his driver’s license suspended.

Back in 2007, Cahill told federal agents that he tried to obtain work that paid him under the table to avoid having child support garnished from his wages. 

Once released from prison, Cahill must serve one year of probation as ordered by U.S. District Judge Susan Bucklew.

No situation is ever permanent.  Families expand, ex-spouses get remarried, jobs are lost and gained, incomes increase and decrease, and the cost of life fluctuates.  Sometimes a change in circumstances affects one’s ability to comply with a previous court order.  Fortunately, judges understand that life changes and with that people's situations change.  

Under Florida family law, you can ask the judge to change or modify a court order if you can prove a significant change in circumstances warrants the modification.  For example, if you were ordered to pay child support or alimony, but you have recently been laid off from your job or have become injured and are no longer able to work, you can ask the judge to lower the amount of support you are required to pay. Similarly, if you are the one receiving child support or alimony, and you would like to ask the judge for more money, you will need to prove why you deserve to get more support.

Time-sharing   and parenting plans can also be modified after a divorce has been settled.  The court understands that situations change, and is open to modifying a time sharing or parenting plan as long as you can prove it is necessary and that it does not compromise the best interest of the child.  Like all child-related family law issues, the judge’s main concern is to ensure that any changes or modifications you seek will not have a negative impact on the child.

The case of Douglas Miller is one many parents can relate to. 

Miller always worked hard to ensure he could make child support payments for his daughter.  But when he was unexpectedly laid off as a result of the hard economy, Miller was no longer able to afford payments.  Having fallen behind on his child support obligations, the state suspended his driver’s license, a common penalty for parents who fail to pay support.

Miller eventually got a new job, but when he went in to get his driver’s license reinstated so he could drive to work the court said no. The court would not reinstate his license until he paid back the child support he owed.

With no license, Miller knew he couldn’t get to work. Frustrated, he was able to get help from Sen. Wilson Beffort. Beffort understood that sometimes there needs to be exceptions to the rules.  The New Mexico human services department also said that if there’s proof a parent has a job opportunity, they will work with the parent to help get their driver’s license back.

But for Miller, getting his license back wasn’t easy or simple.  “I had to jump through hoops,” he said.

Miller’s license was eventually reinstated and he now has a job where he is able to continue making child support payments for his daughter.

At one point, not very long ago, mothers were so obviously favored in matters involving child custody, child support, and alimony.  Today, judges recognize the vital role a father plays in his children’s lives, and now treat them equally when making decisions in regards to custody and support. Well, most of the time.  Unfortunately, even in these modern times fathers’ rights are still being overlooked or ignored for one reason or another. 

If you are a father who is going through a divorce or separation, or if you are fighting for custody or visitation rights, you should take a moment to contact attorney Scott Ellerin. As an experienced Jacksonville fathers’ rights lawyer, Mr. Ellerin has witnessed many men treated unfairly in the family court system, and is committed to helping his clients avoid this mistreatment.  Mr. Ellerin believes in the value a strong relationship between a man and his children, and can ensure your parental rights are not undermined by your ex-wife or girlfriend in any way.

Do You Feel Your Rights as a Father Are Being Ignored?

If you feel you are being treated unfairly in court, or if you feel your ex wife or girlfriend is trying to sabotage your custody or visitation rights, there are things that can be done to put an end to this.  When it comes down to it, the judge will base his or her decision on what is in the best interest of the child. An attorney can gather the evidence and testimony from social workers and child psychologists that will convince the judge that you deserve to have custody or visitation rights to your children.  An attorney can also help if your ex-wife or girlfriend is asking for an unreasonable amount of child support.  There is a fine line between providing enough money to ensure your child has the financial resources he or she needs, and being taken to the cleaner.  Mr. Ellerin can protect your best interest during child support hearings, and help you reach an arrangement that is fair to both you and your children.

Do not allow your rights to be ignored or overlooked in anyway.  Jacksonville father’s rights attorney Scott Ellerin can advocate your parental rights and ensure your case is resolve in a way that preserves the relationship you cherish with your kids.

Contact the Law Offices of Scott Ellerin today!