Can You Face An Arrest Warrant By Not Paying Child Support?

After a divorce, both parents have an ongoing legal duty to support their children financially. So you might be wondering what happens when a parent forgets to pay child support payment ordered by the court.

When parents’ divorce, separate, or were never married in the first place, it is their legal duty to make decisions based on custody and child support for their children. Child support is supposed to cover the basic and financial needs of the child.

Parents who don’t make their child support payments on time may face legal consequences. While the penalties may vary by state, it typically includes:

• The deduction of wages where the payment is taken out of the parent’s paycheck.
• Federal income tax intercepts where a tax refund can be taken out of the parent’s funds to cover the child support payments.
• Suspension of driving or professional license.
• Restrictions on the passport.
• The courts can also issue liens on the parent’s property to pay child support.

In today’s context, no parent is immune from paying child support. Failure to make court-ordered child support payments can even result in an arrest warrant for jail time in extreme cases. In child support cases, there are two types of warrants that can be given to the parent who fails to make the child support payments:

• A civil warrant.
In this case, the custodial parent files a complaint against the other parent stating he/she has disobeyed the court’s order to make the payments. The noncustodial parent must then appear in court where the judge will issue a penalty. This includes a fine, jail time, ordering the payment or sometimes all three (in extreme situations).

• Criminal warrant.
These warrants are issued when federal or state prosecutors are involved in child support cases. The parent found guilty of wrongful non-payment can face imprisonment.

The law is known to take child support and custody very seriously and parents should too. To receive expert advice on your family law matter, a competent and well-experienced child support attorney Orlando FL should be sought. No name is the best Family Law Firm in the state and guarantees the most affordable and proficient family law services in town. Contact them now for a consultation!


Child Support Involving A Military Parent.

While the state’s law normally governs child support matters, military member parents have special rules regarding child support and divorce cases. Specifically, the issuing of regular divorce papers or child support orders on military spouses aren’t enough. Instead, for child support cases, a spouse must show whether or not the other spouse is active in military duty or not. If the spouse is not sure about the other military member spouse’s location, he/she may use a military locator to determine the location. While a military spouse is on active duty in another location, the judge may appoint an attorney specialized in military divorce to represent the child’s other parent.

The laws of the state would determine child support. Each state has their own guidelines when it comes to determining child support amounts. The income of each parent is the central consideration for child support calculation.

When it comes to determining the military spouse’s income, it may require some extra work. Additionally, in some cases, children can be entitled to a military allowance and benefits of the parent’s service. The extra military benefits provided for the child and parent may impact the income of the parent to pay the child support.

Unfortunately, there are situations where a parent would be out of the military and unable to make court-ordered payments. In these cases, a withholding order can be applied for. When a parent isn’t a military member, courts may use enforcement of the law on the parent. For instance, the courts can withhold the parent’s income and use those funds to cover child support, or even order jail time for the parent in extreme cases.

A divorce proceeding involving at least one military member can be a little different from a standard divorce. Depending on your case, an experienced child support attorney Orlando specialized in military child support can be of service. No name is known for offering the best Family Law services in Orlando. We guarantee optimal outcomes from client cases through our premium services, skills, and experience in the market. Contact us now to schedule a consultation!

Divorce Law

Effects Of Restraining Orders.

Typically, after a divorce, there may already be proceedings including the child custody battle. The parent who is the primary caretaker of the child may sometimes face additional complications from his/her spouse, i.e., the other parent. If this happens involving a restraining order, it is vital to contact an attorney. The attorney would help resolve custody and visitation issues before determining how to resolve further complications.

Typically, when a person attempts to take out a restraining order on another individual, there is usually evidence of threats, violence, or possible harm from the other individual.
Legal enforcement for the restraining order can be done by contacting a local law enforcement officer. This is done if the individual doesn’t comply with the properties of the order.

A spouse may take out a restraining order on the spouse if he/she is claimed to be violent. It can also be done to prevent the fear of the other spouse harming him/her or the children in the relationship.

In a divorce situation, the restraining order decreases the chances of possible custody and visitation rights of the parent.

A restraining order is usually to provide temporary release from the possibility of harm. This is done through the documentation stating the other party involved should remain away from the individual and not contact him/her depending on the type of order established.

However, for the restraining order, the long-term effects of it may affect the custody and visitation rights with the divorced spouse. The parent may then have little or no rights to see him/her children during this period. This lasts until the individual who filed the restraining order overturns the order.

To be able to dissolve the order, the spouse who received the restraining order would have to provide evidence or a witness. This is done to show no form of violence exists.

An efficient lawyer would be able to provide all the necessary help required to properly resolve the issues that may persist after the restraining matters have been settled.

If you’re unhappy in a marriage and are looking to file a divorce and gain a fair distribution in the process, no name is here to help.
no name  guarantees the best divorce attorney in Orlando would be provided to help client cases go through the right path. Choose The Law Office ofno name for your family law needs!

Divorce Law

The Mortgage Loan AKA The Biggest Liability

The equitable distribution laws of Florida do not just apply to assets and property. But also to debts and liabilities. The most significant liability of many marriages is the mortgage on the family home. How can you go about splitting up this liability?

The most comfortable option is to sell the house and split the proceeds. This option makes sense and will usually be in both spouses interests. But the biggest obstacle here is actually selling the home. The housing market today will not make it easy to sell off your house for what you think it’s worth. But if this is a possibility, your Orlando Divorce Attorney will advise you to go for it.

The next option is to refinance the mortgage. In this case, one spouse should be willing to keep the house while the other is ready to let go. The spouse looking to keep it should be able to keep up with the mortgage payments. This spouse has to be able to qualify for a refinance with their income and credit score. This option also is available but not for all. The mortgage was initially obtained by both and getting one to qualify for a refinance is not easy.

When both those options are not available, couples have to stick with the original mortgage. That’s never the best option as you have to expect the other spouse to keep up with the mortgage payments.

Are you wondering about what to do with your mortgage? Consult your Divorce Attorney right away to get the best legal advice for your situation.

Orlando Divorce Attorney, Erin Morse is ready to give you the best legal counsel for your divorce matters. Contact the Law Office of Erin Morse now to find out more. Call her office to get the best lawyer in town for your case.

Divorce Law

What Happens To Retirement Accounts In A Divorce?

During a divorce, marital property will inevitably be divided among the two spouses according to the laws of the state. In Florida, the equitable distributions laws state how these marital assets and property are divided. Marital assets and property can be houses, vehicles and other property that was accumulated during the marriage. But that is not all. Even retirement accounts are considered as marital assets that will be divided during the divorce.

Equitable division of retirement accounts can be tricky and complicated if you do not know the law behind it. But Affordable Orlando Divorce Lawyers are always ready to help you out when it comes to these divorce matters. And who else other than them to know best about these issues.

Retirement plans can be of various forms. There can be traditional retirement plans like 401k plans, IRAs and Roth IRAs. Also, there are defined benefit plans and defined contribution plans. A defined benefit plan can also be called a pension as it gives a specific amount at retirement. The employer usually bears this responsibility. Defined contribution plans, on the other hand, let the employee save up for retirement. This account can even include contributions by the employer. But there is no specific amount guaranteed at retirement.

The amount accumulated in the retirement fund during the marriage will be applicable for the division during divorce. Not only the length of the marriage but each spouse’s contribution to the marriage will affect the end result. A competent Divorce Lawyer can get you the best possible outcome during the divorce.

Looking for Affordable Orlando Divorce Lawyers who can help you out with your divorce? Contact the Law Office of Erin Morse now to get the best legal counsel for your case. Call now to schedule an appointment right away to start discussing your case.

Divorce Law

Do You Need A Divorce Attorney?

Are you thinking of filing for divorce or have you already done so? Wondering whether you and your spouse can go through the divorce without a lawyer?

Of course, you don’t “need” a Divorce Attorney to proceed with a divorce. But there are countless reasons to do so, for ease and convenience.

Complicated and high-asset divorces usually do call for a Divorce Attorney. That is because the spouses need help with child support, spousal support, and time-sharing, etc. Not just that. When there are significantly valuable assets on the line, you might need the services of a competent lawyer. More often than not, many have reported being deprived of what is rightfully theirs, solely because they did not have a lawyer by their side.

Also, high-conflict divorces do need an Orlando FL Divorce Attorney. There are so many matters to be resolved during a divorce. High-conflict cases will find it even harder to do so. And with the probability of moving on to litigation, a lawyer by your side can be very helpful.

Instead, if you and your spouse have no conflicts at all and no children, maybe you don’t need a lawyer. If you don’t have valuable assets worth fighting for, your lawyer’s fees may surpass those assets’ worth. If you and your spouse are in no hurry to finalize the divorce too, a lawyer may not be needed.

But many have claimed that they would’ve had legal representation if they knew the consequences of not having one. It will invariably cost you more in fixing issues than actually getting a lawyer in the first place.

Wondering if you really need a lawyer for your divorce or not? Get a competent lawyer’s opinion right away. Call the Law Office of Erin Morse to find out if your case requires the assistance of a lawyer or not.