Why Am I Paying More in Child Support Than My Brother Who Earns a Similar Salary?

6/26/2019

This is a common question we are asked almost on a weekly basis. The quickest answer is that the financial situation for each family or individual is different. Even the smallest difference can be a game changer.

Calculating child support can be complex and encompasses various factors including income, specific deductions, expenses and the number of overnights exercised by the parents.

Child support is calculated using each party’s modified monthly net income. This is the amount earned minus specific deductions. Not all deductions on your paycheck are included in this formula. Examples of deductions are:

· Taxes
· Insurance premium for parent
· Insurance premium for child
· Mandatory retirement
· Mandatory Union Dues

After the modified monthly net income has been calculated, certain expenses are then credited to each party, if applicable, including day care expenses paid and previous child support order for a different child.

Most attorneys use a software program that incorporates all the factors to run Child Support Guidelines. It is very important to provide all financial documents your attorneys requests so he or she gets a full picture of your financial situation. Once the child support figure is determined, changing it might be difficult. However, child support can be modified if it is proven that a change of circumstances has occurred.

A Child support obligation is not something to run away from, especially in Florida. We recommend consulting with a Florida attorney. Akilah Harris, Esq. is an experienced child support attorney in Pembroke Pines, Florida.

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Understanding Changes in US Immigration Policy

6/6/2019

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Changes to the United States Immigration system seems to be all the frenzy among news outlets nationwide. it is clear that implementing these changes to Immigration laws in this country has been placed on our government’s forefront. The changes to the immigration system can make the process of becoming a citizen confusing and frustrating for anyone.

Recently, the President announced yet another change to the Immigration process that would entirely change the way the Immigration system operates. If moved into legislation, the new process would gear towards a merit-based immigration system. Under the proposed plan, current family and employment-based immigration preference categories would be replaced with a system that awards points based primarily on age and education. Although these changes have not yet been turned into legislation, they would greatly affect the Naturalization process if it backs the new law.

At Akilah Harris PLLC, we understand the significance of becoming a U.S. citizen. Through experience and compassion for our clients, we strive to make the process as smooth as possible. From assistance with gathering all the required documentation upfront to overcoming any obstacles that should arise, we are prepared to stand by you every step of the way.

If you have any further questions on the Naturalization process, please call our dedicated team of experts at 954-451-0050.

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Child Support and the Government Shutdown

1/25/2019

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If you are a federal employee and are paying child support, then this is for you! Do you know that you are still responsible for supporting your child(ren) regardless of the fact that you are not receiving a paycheck, child support garnishments are not available or you are not able to self-pay since you have no income?

The easiest scenario is for those that self-pay child support. You will need to have a conversation with the other party about your situation. Hopefully, he/she will be understanding of your plight and will work with you on a payment plan once your income is reinstated. Perhaps you can assist the other parent with transporting the children to and from school, extra-curricular activities, birthday parties, etc. or establish a plan to extend a helping hand with the children until you are able to pay child support. You should also notify the county Clerk where your child support order was entered that you are a federal employee and are impacted by the shutdown.

Child Support Garnishments are facilitated by the Florida Department of Revenue and you will need to speak with a Customer Service Agent regarding your situation. Your Social Security Number will be used to verify the account. The Agent will flag your child support account to prevent a default. Defaults can affect passports, drivers’ license and child support arrears. You are still responsible for the child support payments that should have been made during the government shutdown. For those that have the ability to pay their child support at the full or a reduced rate can pay on-line, over the phone, through the mail or at your local Child Support office. Otherwise, you can enter into a payment plan with the Department of Revenue that will commence at the end of the shutdown along with the normal child support obligation. Your court ordered child support amount will automatically start with your first paycheck.

Akilah Harris is an experienced child support attorney in Pembroke Pines, Florida and can assist you in your child support matter.

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No Job, No Child Support?

12/7/2018

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Child support in Florida is calculated using several factors and, in many cases, unemployment does not automatically mean that a parent gets a free pass from their child support obligations. Child Support Guidelines not only calculate the monthly child support obligation but dictate the overall share of support for each parent.

Pay check stubs, medical premiums, day care expenses and overnights are instrumental in calculating Child Support Guidelines. During a divorce or child support case in Florida, both parties are required to supply these documents and others to provide a full financial picture in order to determine what the financial support obligations for each parent will be. The Courts can impute specific income amounts for parents in various situations. For example, minimum wage in Florida is typically imputed for parents that fail to provide their financial documents and if the other parent does not have proof of the earnings or employer and a subpoena cannot be issued. A higher amount may be imputed if the Court finds a parent is not providing an accurate financial picture or is intentionally unemployed or underemployed to avoid paying child support. Tax returns from the previous three years are tools to show the earning ability of the parent and can be taken into consideration when imputing income for that parent.

Child Support Guidelines not only determine the amount for monthly child support obligations but also provides the share of parental responsibility for the child(ren)’s out of pocket medical expenses. In many cases, the parents equally share the cost of medical, dental, orthodontic, vision and prescription expenses to name a few. However, in other cases one parent is responsible for a high percentage of the medical expenses than the other.

It is not uncommon for parents involved in a child support matter to discuss their case with friends and family in a similar situation. It is impossible to compare the amounts of support obligations ordered in each case. The smallest difference in the case or discretionary decisions made by the Courts can vastly change the outcome of a parent’s child support obligation. Each case involving child support in Florida is unique. Consulting with a Florida attorney is strongly encouraged. Akilah Harris, Esq. of Akilah Harris, PLLC is an experienced child support attorney located in Pembroke Pines, FL.

Pembroke Pines Child Support Lawyer	Fort Lauderdale Child Support Lawyer	Broward County Child Support Lawyer
Lauderhill Child Support Lawyer	Coral Springs Child Support Lawyer	Wilton Manors Child Support Lawyer
Hollywood Child Support Lawyer	Miramar Child Support Lawyer	Pompano Beach Child Support Lawyer
Davie Child Support Lawyer	Sunrise Child Support Lawyer	Plantation Child Support Lawyer
Deerfield Beach Child Support Lawyer	Weston Child Support Lawyer	Dania Beach Child Support Lawyer

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The Role of a Guardian ad Litem

11/21/2018

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The Role a Guardian ad Litem in Broward County

A Guardian ad Litem (GAL)is appointed by the court to protect the rights and advocate the best interests of a child involved in a court proceeding. The Guardian ad Litem makes independent recommendations to the court by focusing on the needs of each child.

A Guardian ad Litem is an individual who is appointed by the court to advocate for children who come into the court system primarily as a result of alleged abuse or neglect.

The Guardian ad Litem’s role is to carry out the following activities:

Investigation: Carries out an objective, systematic examination of the situation, including relevant history, environment, relationships, and needs of the child. The GAL interviews family, friends, neighbors and members of the child’s school.
Facilitation: Identifies resources and services for the child and facilitates a collaborative relationship between all parties involved in the case, helping to create a situation in which the child’s needs are met.
Advocacy: Conveys the best interests of the child to the court and relevant agencies.
Monitoring: Keeps track of whether the orders of the court, as well as the plans of the Department of Children and Families, are carried out.

The Guardian ad Litem is responsible for visiting the child and keeping the child informed about the court proceedings; gathering and assessing independent information on a consistent basis about the child in order to recommend a resolution that is in the child’s best interest; reviewing records; interviewing appropriate parties involved in the case, including the child; determining whether a permanent plan has been created for the child in accordance with federal and state laws and whether appropriate services are being provided to the child and family.

Under Florida law, time sharing is determined based on what is in the “best interests of the child.” In contested cases, both parents often believe that having primary time sharing is in the children’s best interests. Accordingly, the Guardian ad Litem is appointed to speak to the children and parents to get a third party view of what is in the best interests of the children. Judges will appoint a Guardian ad Litem to act as the Court’s eyes and ears. Specifically, the court looks to factors including, but not limited to:

If a parent is willing and able to foster an open and loving relationship between the child and the other parent;
If the parent lives in a stable and safe environment for the child;
The physical and mental health of both parents;
Any past domestic violence by either parent;
The preference of the child (with weight given depending on the child’s age and maturity); and
Each parent’s involvement in the child’s school and extracurricular activities, everyday routine.

The GAL may ultimately be called to testify to the court to deliver an “honest and sincere evaluation of the situation” based on whatever facts the GAL observes during the course of their investigation.

In contentious child custody cases, it often becomes necessary to appoint a Guardian ad Litem to help give the judge a more complete picture of the situation between the parents and minor children. The experienced Pembroke Pines custody attorney at Akilah Harris, PLLC can help you understand the role of the GAL in your custody case. Contact us today for a consultation.

Pembroke Pines Guardian ad Litem	Fort Lauderdale Guardian ad Litem	Broward County Guardian ad Litem
Lauderhill Guardian ad Litem	Coral Springs Guardian ad Litem	Wilton Manors Guardian ad Litem
Hollywood Guardian ad Litem	Miramar Guardian ad Litem	Pompano Beach Guardian ad Litem
Davie Guardian ad Litem	Sunrise Guardian ad Litem	Plantation Guardian ad Litem
Deerfield Beach Guardian ad Litem	Weston Guardian ad Litem	Dania Beach Guardian ad Litem

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What is Mandatory Disclosure and do I have to Comply?

10/13/2018

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Florida Family Law Rule 12.285 requires all parties involved in Florida divorce, paternity, modification and child support cases to comply with Mandatory Disclosure. Mandatory Disclosure can be an overwhelming process but is a huge part of the discovery process of a case. Petitioners have 45 days from the date the Respondent is served to provide the other party with their Mandatory Disclosure. Your attorney will provide you with a checklist of required documents at the beginning of your case and a date that the documents are due to their office. Examples of documents on the checklist include three months of paycheck stubs, three months of checking account statements and one year of savings account statements for all accounts you own, three months of credit card statements, mortgages statements, deeds to home and other property, day care receipts, Financial Affidavit and retirement statements.

Your attorney will review all the documents you provided and will likely have additional questions or request more documents. Only you know the ins and outs of your finances so cooperating with your attorney is essential in portraying an accurate picture of your financial situation. This is important when issues such as child support, alimony and equitable distribution are components in your case. Equitable distribution refers to each parties’ share of marital assets such as the martial home, retirement accounts, bank accounts and personal property and liabilities including mortgages, credit card payments, auto loans and medical bills. Additionally, your attorney will analyze the other party’s Mandatory Disclosure and will discuss with you the full financial scope of the case.

All financial situations are different just as each case is different. It is crucial to provide all of your financial documents and accounts to your attorney. Voice any concerns you have about your Mandatory Disclosure with your attorney. Your attorney can only represent your side of the case with the information you provide so honesty is the best policy!

Akilah Harris, Esq., is an honest and compassionate family law attorney in Pembroke Pines and can assist in your legal matter. Explore our site to learn more about Akilah Harris, Esq.’s practice areas.

Successfully Representing Clients in South Florida Including: Fort Lauderdale, Pembroke Pines, Hollywood, Miramar, Coral Springs, Pompano Beach, Davie, Sunrise , Plantation, Deerfield Beach, Lauderhill, Weston

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6 Tips For A Smoother Divorce

7/26/2018

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Aiming for a successful outcome is probably what anyone undergoing a divorce has in mind. Unfortunately, there are no classes you can take to ensure that your divorce will end successfully. The good news is you can hire a family law attorney who can navigate with you through your divorce process and also coach you along the way. You will get legal advice and all the information you need to have a successful divorce. The following 6 simple tips will allow your family divorce attorney to better represent you and pave the way to a smoother and successful divorce. Aside from that, these tips will be useful in hastening the preparations and the actual divorce process.

Be transparent to your family law attorney regarding the details of your relationship

Sharing the details of your relationship with your lawyer may sound mortifying and it could be the last thing on your mind. If you are undergoing a divorce, the details of your relationship might not be pretty. However, you need to reveal important details to your divorce attorney for a successful dissolution of marriage. It will help your attorney prepare better for your case. For instance, if infidelity was involved in your divorce, if you’ve been struggling with a non-traditional relationship, addiction, infertility, issues with child-rearing and financial problems within your marriage, this can impact your divorce case in a big way. Make sure to let your attorney know about such issues so that you can prepare together for your successful divorce.

Don’t keep your finances a secret

You might think that concealing your assets will help in achieving a successful divorce, but it’s just a huge mistake. In fact, it could be the worst mistake you could ever do during your divorce. If you want your attorney to make sure that your future is financially stable, give them the essential information they need about your finances. If you reveal your financial information and assets only selectively, you and your attorney are entering a battle without any shield or ammunition. You need to hire a divorce attorney you trust and feel comfortable with. Withholding information from your lawyer is never a good idea.

Try to be organized as much as possible

If you do some work for your divorce case, it would help not only your attorney but you as well. Get the paperwork organized and collect as many pertinent documents as possible. This will make your attorney’s job easier and it would cost you less in terms of legal fees too. Making sure that your divorce documents are organized could be the key to a successful divorce.

Don’t keep your questions to yourself

Your attorney understands that there are many things that you might not know about or understand regarding the divorce process. The legal jargon alone is enough to send you into a tailspin. He or she should be more than willing to provide you with the information that you need. This would be an excellent way to keep all of your bases covered as you work with your attorney for a successful outcome.

Approach things logically

While a divorce can be calm and peaceful, it can also be full of heated arguments for some. Emotions are overflowing, and that can influence how you deal with things during your divorce and how you make decisions. Do not let your emotions impede a successful divorce. Even if you want to be stubborn to get back at your spouse, you need to stay logical for the sake of your children and for your future. Avoid making ridiculous demands out of anger because this could cost you more. Make choices and decisions with your brain, not with your heart. Your emotional health and financial future depends a lot on the decisions you will make during the duration of your divorce.

Determine what you really want out of the divorce

Set specific and realistic goals for yourself and the parties involved. When you consider what you want to achieve in order to consider your case a “successful” divorce, you will be more inclined to make rational decisions in order to achieve those set goals. It’s not just a matter of emotional changes. There will be financial and physical changes that will happen, so know what you want so that you can negotiate for it.

At Akilah Harris PLLC, we strive to work closely with our clients and keep them informed each step of the way. Each of our families have a different DNA. Every case, different circumstances. Divorce is not a one size fits all. We understand divorce can be an emotional roller coaster. We make it a point not to add to our clients’ angst and stress. Our goal is to set clear expectations right from the start.

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Child Custody And School Vacations

6/15/2018

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CHILD CUSTODY AND SUMMER VACATIONS
Posted By Akilah Harris

Summer vacation is a time to relax, not to renew old fights with your ex over custody of your kids. You may want to take your children to the Bahamas, while he or she may only get the kids during the summer.
It's important to sort out these not-so-little details before making your summer vacation plans. With that in mind, here are a few tips to make child custody one less thing to worry about during school vacations.

1. Set Up a Vacation Schedule, And Stick to It.
With the kids off from school, there's plenty of time to plan a big Disneyland vacation, or even a cross-country road trip. However, if you don't sit down and discuss you plans with your ex, you may be back in court for visitation/custody interference.
A better way to spend your summer is to create a vacation schedule (perhaps with the help of an experienced child custody lawyer), have your ex sign off on it, and submit it to a family court judge. That way, everyone is clear on where the kids will be this summer, and it's in writing with the court.

2. Make Sure You Aren't Violating Your Custody Agreement.
Some custody or visitation agreements have geographical limits (e.g., your kids can't leave the state or country). If you're planning a summer vacation abroad, you may need need to get such an agreement modified. If you've already formed a vacation plan, it shouldn't be hard to have your ex stipulate to a custody modification that allows for travel.

3. Give Adequate Notice.

Well-laid plans are great, but don't spring them on your ex at the last minute. Give him or her at least a couple months (if possible) to be aware of you and your children's travel plans.

4. Let Kids Communicate With the Other Parent While on Vacation.
Summer vacation doesn't mean a communication embargo on your children's other parent. Skype may be a great way to allow your ex "virtual visitation," even while you're in a hotel room thousands of miles away.
Keep the legal peace with your ex and enjoy a great summer vacation with your kids.

Parenting Plans In Florida

Child Custody & Dividing Time with Children
In Florida, the court mandates that the divorced parents draw up what’s called a Parenting Plan. Divorced parents need to create and agree on a plan that equally divides the typical week and the year’s school vacations between them. In the event the parents cannot cooperate to create this plan, the court takes over and mandates one. Obviously, except in the case of irreconcilable differences of opinion, it’s in the parents’ and children’s best interests that the ex-spouses create the plan together.

One of the largest hurdles in developing a plan is working with divorced parents that live far from each other. Traveling long distances can be financially taxing on the parents and emotionally difficult for children. Because of this burden, sometimes the parent who continues living in the family home or nearby becomes the majority time-sharing parent.

Divorced parents who live near each other are expected to come up with an equal plan. A plan is more than a detailed account of time, but also of parental duties. Responsibilities such as pediatricians and healthcare, school and extracurricular activities, and family vacations are all to be considered.

Negotiating Custody Agreements Can Help
Because parents are responsible for drawing up their plan, they enjoy some flexibility to consider their own needs and wants and those of their children. For example, divorced parents who enjoy uninterrupted vacations more can switch off between vacations or even switch off years. For example, if one parent had the children during Spring Break in 2017, in 2018 the other parent would have the kids for that period of time.

Other parents may want to see their children more frequently, even if it means individual visits are shorter. They might evenly divide Winter Break into two parts, one parent taking the kids the first half and the other parent taking them the second half.

Child custody can be a challenging situation, but the focus is always on what’s best for the children. Your parenting plan should clearly define what will happen for each school vacation, and your attorney should help you negotiate terms that fit your unique situation. Akilah Harris PPLC has experience in handling even the most complicated custody cases, and we would be happy to help you create a parenting plan that both you, your parenting partner, and the court can agree with.

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Author

Akilah A. Harris, Esq.

Akilah is originally from Brooklyn, New York and now resides in South Florida. Prior to law school, Akilah attended Florida Atlantic University and graduated with her Bachelors of Science in Criminal Justice and a Certificate in Women's Studies in 2006.

Akilah also earned her Master's Degree in Criminal Justice from Nova Southeastern University and graduated in 2008.

Akilah received her business and management training while working in the payment processing field. She was employment at a privately owned company since July of 2003, where she worked her way up to Director, all while furthering her education as a full time student. That is what makes Family Law the perfect field for her to practice in.

Why Am I Paying More in Child Support Than My Brother Who Earns a Similar Salary?

Understanding Changes in US Immigration Policy

Child Support and the Government Shutdown

No Job, No Child Support?

The Role of a Guardian ad Litem

The Role a Guardian ad Litem in Broward County

What is Mandatory Disclosure and do I have to Comply?

6 Tips For A Smoother Divorce

Child Custody And School Vacations

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