Westchase Law P.A.Westchase Law P.A.2026-10-28T20:13:01Zhttps://www.westchaselaw.com/feed/atom/WordPress/wp-content/uploads/sites/1505004/2026/07/cropped-favicon_site-icon-32x32.png Westchase Law P.A.<![CDATA[What Should You Do If Your Ex Doesn’t Pay Child Support?]]>https://www.westchaselaw.com/?p=464042026-07-07T19:34:46Z2026-06-08T20:19:11ZWhat Is Child Support?
Child support is a sum of money that a noncustodial parent is ordered to pay to a custodial parent. Right after a divorce concludes, it is common for one parent to be ordered to pay child support on a monthly basis.
A failure to pay child support can lead to consequences and penalties. Some of these consequences and penalties are as follows:
The non-paying parent’s driver’s license being suspended.
The non-paying parent’s bank accounts being seized.
The non-paying parent’s tax refund being seized.
The non-paying parent’s vehicle registration being suspended.
The non-paying parent’s credit score being lowered.
Each one of these consequences and penalties can be invoked, if a parent doesn’t pay child support. But, the problem is that even with the threat of these consequences and penalties, it isn’t always easy for some custodial parents to obtain the child support that they are entitled to, from their ex.
What Should You Do If Your Ex Doesn’t Pay Child Support?
A wide variety of actions are available to a custodial parent whose ex does not pay child support. Each one of these actions is useful in its own way, although some may be more effective than others.
Some of the actions that a custodial parent can take, when their ex does not pay child support, are as follows:
Make several attempts to communicate with their ex, regarding the missed child support payments.
File proceedings for contempt of court, as a failure to pay child support is an act of contempt.
Petition the court to withhold their ex’s income, until they receive the child support they are entitled to.
Petition for the imprisonment of their ex, due to their failure to pay child support.
File for a judgment, regarding the payments, plus interest on these missed payments.
File for a Writ of Execution.
Every single one of these actions is useful in its own way. But, some of these actions are more useful than others, as they make it far more likely that the ex will pay the child support that they owe.
What Is The Best Way To Receive Child Support From An Ex Who Doesn’t Pay Child Support?
The answer to this question is multi-faceted and, as such, consists of several answers. These answers are as follows:
Communicate with the ex and understand why the child support hasn’t been paid and, then, come to an agreement that allows those payments to be taken care of in a timely manner.
If fifteen-days, or more, have passed, go to the Clerk’s Office and ask for their assistance in ensuring that the child support payments are enforced.
Go to the court and file for a Writ of Execution, which will allow the child support payments to be obtained from the ex who hasn’t paid.
Each one of these options ensures that the payments will be received, in some form or another, while also ensuring that incarceration is unlikely.
Speak With A Tampa Child Support Lawyer
Receiving child support from an ex who either doesn’t want to pay or can’t pay is challenging. But, with that being said, it is possible and, by speaking with a Tampa child support lawyer at [nap_names id="FIRM-NAME-1"], we can assist you in doing so today.
Sources:
law.cornell.edu/wex / child_support
congress.gov/bill/98th-congress/house-bill/4325
flclerks.com/page / HDI_Child_Support]]> Westchase Law P.A.<![CDATA[How Child Support Calculated in Florida and Modifying Child Support Payments]]>https://www.westchaselaw.com/?p=463782026-06-09T09:53:45Z2026-06-08T20:02:07ZWhen can I petition the court to reduce child support?
If there is already a child support order in place, a parent may petition the court only when there are substantial changes to their income or circumstances. The substantial change generally consists of a change of income for either parent. Another potential reason to change child support is when the visitation schedule has been modified.
The most common reason that petitions for child support modification are filed is when one parent experiences a substantial change in their income. The change is not necessarily related to a reduction in income, but can also be related to an increase in income. The change can affect the parent who is paying child support or the parent who is receiving child support. While there is no litmus on how much change there must be to file for a modification of a child support petition, the resulting change must be at least 15% or $50, whichever is greater.
As an example, if one parent is paying $1000 a month in child support, any modification must be either higher than $1150 per month or lower than $850 a month. So, the resulting modification must be at least 15%.
Another reason for modifying child support is when there is a major change in parenting time. As an example, a parenting plan may have one parent spending 265 overnights with one parent while the other is spending 100. If the initial parenting plan included 300 overnights, the courts could find cause to modify a child support payment.
A third reason why a change in child support may be ordered is due to a change in expenses.
If you think you are paying too much in child support or not receiving enough, you can file a petition to change child support payments with the court. This generally requires the expertise of an experienced Tampa child support modification attorney
Contact a Tampa, FL Child Support Modification Attorney Today
[nap_names id="FIRM-NAME-1"] represents the interests of those seeking to modify a child support order. Call our office today to schedule an appointment, and we can begin discussing your next moves immediately.]]> Westchase Law P.A.<![CDATA[Florida Court Discusses Relocation and Parenting Plans]]>https://www.westchaselaw.com/?p=462512026-06-09T10:22:43Z2026-06-08T19:49:19ZBackground of the case
The case of Arthur v. Arthur began when a Florida couple divorced while living in Key West. The couple shared a young child. Under the parenting plan, the mother was designated as the primary residential caregiver. Before the final judgment, the mother petitioned the court to relocate to Michigan. She had family there and better employment prospects. The father opposed the move. He argued that it would drastically reduce his contact with the minor child and undermine their relationship.
After hearing the evidence, the trial court granted the mother’s relocation, but only prospectively. The judge ruled that the mother’s circumstances in Key West might eventually justify moving elsewhere and that, if she later secured housing and employment in Michigan, the relocation could proceed. The father, on the other hand, appealed the court’s ruling. This case ultimately reached the Florida Supreme Court.
The Supreme Court’s decision
In this case, the Florida Supreme Court reversed the lower court’s decision. According to the Supreme Court, the trial court cannot approve a relocation that is based upon a hypothetical future. The Court emphasized that the statute governing relocation (section 61.130001) requires a judge to evaluate the child’s best interests “at the time of the final hearing.” Predicting how things could change months or years down the line falls outside the statute’s intent. This undermines the stability that custody orders are generally designed to provide.
In addition, the Court explained that relocation cases must rest on present, verifiable evidence. These can include things like the child’s current school, community ties, parental relationships, and the opportunities that the proposed move would offer. Allowing “prospective” approvals would invite speculation and encourage repeat litigation if those predicted changes failed to materialize.
Ultimately, the Supreme Court sent the case back for a new hearing and ordered the trial court to ground its decision in realities—not contingencies.
Why this case is important
The Arthur case remains one of Florida’s most cited relocation cases. It teaches us that parents must come to court prepared with current and concrete evidence that shows the move serves the child’s best interests right now—not in the future.
In other words, relocation decisions are about the child’s present welfare.
Talk to a Tampa, FL, Child Custody Lawyer Today
[nap_names id="FIRM-NAME-1"], represents the interests of Tampa parents who need to relocate with their minor child. Call our Tampa family lawyers today to schedule an appointment, and we can begin discussing your next steps right away.
Source:
caselaw.findlaw.com/court/fl-supreme-court/1497415.html]]> Westchase Law P.A.<![CDATA[When Evidence Falls Short: What Adams v. Cox Teaches About Dating Violence Injunctions in Florida]]>https://www.westchaselaw.com/?p=462522026-06-09T10:22:48Z2026-06-08T19:49:19ZWhy the injunction was reversed
Florida law requires more than just fear, discomfort, or past arguments for a court to issue a dating violence injunction. The petitioner must show:
A prior act of violence or stalking, and
A reasonable fear of imminent danger of future violence
In Adams v. Cox, the appellate court concluded that the evidence presented did not support a finding of imminent danger. While there were allegations of previous conflict, the record did not show any recent or ongoing threat that would justify the need for court-ordered protection.
Just as importantly, the court found due process concerns. The respondent was not given a full and fair opportunity to:
Present evidence
Testify fully
Cross-examine the petitioner
Offer witnesses or documentation
Injunction hearings can move quickly, sometimes within days of filing. But speed cannot come at the expense of fairness.
The core lesson: Courts must follow the evidence
Domestic and dating violence injunctions carry serious consequences and limit your constitutionally protected rights. They can restrict where a person can go, limit communication, and appear on background checks. These create long-term implications in divorce, custody, and employment matters. Because of this, courts must rely on competent and substantial evidence, not assumptions or emotional reactions.
Talk to a Tampa, FL, Family Law Attorney Today
[nap_names id="FIRM-NAME-1"], represents the interests of Tampa residents who have experienced domestic violence in their households. Call our Tampa family lawyers today to schedule an appointment, and we can begin discussing your next steps right away.
Source:
supremecourt.flcourts.gov/content/download/2451357/opinion/Opinion_2023-1821.pdf]]> Westchase Law P.A.<![CDATA[Can Technology Improve My Florida Parenting Plan?]]>https://www.westchaselaw.com/?p=462542026-06-09T10:22:52Z2026-06-08T19:49:19ZCo-parenting apps: Improving communication between parents
Dedicated co-parenting apps like OurFamilyWizard or TalkingParents help provide a neutral platform for communication. This allows parents to share pertinent information, make key decisions, and document their interactions. Such apps can offer other features such as message logging, tone checkers (which promote respectful communication), and even record voice and video calls.
Such apps are useful because they prevent misunderstandings between parents. These platforms can help avoid some of the ambiguity and misinterpretation that happens when you text or email.
One of the most important features of these apps is that they can provide court-admissible evidence if one parent is refusing to cooperate with the other. In most cases, the courts will favor a parent who wants to encourage a strong relationship between the other parent and their children. Texts sent through the app are admissible and can be extremely valuable when there are disputes between the co-parents.
Co-parenting apps can streamline scheduling
Co-parenting apps generally offer shared calendars to share schedules, log appointments, and make both parents aware of extracurricular activities, as well as other important dates in real-time. With both parents on the same page, the shared schedule can help avoid conflicts before they occur and ensure a consistent routine for the child. In addition, if something comes up, the app can be used to reschedule. It also sets reminders for upcoming events.
Co-parenting apps consolidate information
Co-parenting apps provide shared document platforms that centralize vital information in a specific place. The apps enable parents to access important information such as medical records, school reports, and other documents. This ensures that both parents stay involved in their children’s lives.
Co-parenting apps facilitate parent-child communication
Ever since COVID, the Florida courts have recognized virtual visitation as a legitimate part of parenting. Many of these coparenting apps allow parents and children to talk to one another through the app itself. This ensures that the parent has a relationship with their child even when they can’t physically be together.
Talk to a Tampa, FL Child Custody Lawyer Today
[nap_names id="FIRM-NAME-1"], represents the interests of parents in custody cases. Call our Tampa family lawyers today to schedule an appointment, and we can begin going over your goals and concerns right away.]]> Westchase Law P.A.<![CDATA[When Fear Must Be Proven: What Rosa v. Heredia Shows About Florida Domestic Violence Injunctions]]>https://www.westchaselaw.com/?p=462482026-07-07T20:58:46Z2026-06-08T19:49:18ZUnderstanding the legal standard in Florida
Under Florida law, to obtain a domestic violence injunction, the petitioner must show one of the following:
Domestic violence has already occurred
The petitioner has a reasonable, well-founded fear of imminent domestic violence
This means there must be:
Specific recent actions or threats
That would cause a reasonable person to fear harm
Right now, not just at some point in the past
In Rosa v. Heredia, the appellate court found that although the relationship between the parties had become strained, the behavior described did not amount to an immediate or ongoing threat. In fact, the respondent had repeatedly asked to stop communication, which contradicted the idea that violence was imminent.
Why the injunction was reversed
The appellate court pointed out a few important things in its decision. Firstly, just feeling afraid isn’t enough on its own. That fear needs to be backed up by specific facts.
Also, just because there were arguments in the past doesn’t automatically mean domestic violence happened. People fight, especially during breakups, but that alone doesn’t meet the legal standard.
What the court really looked for was whether there was an actual, ongoing threat. Not just leftover emotions or a messy end to a relationship. There has to be something happening now (or at least recently) that shows someone might still be in danger.
They also talked about how serious it is to issue an injunction. It’s not a small thing. It can stop someone from going to certain places or even living in their own home. It can limit who they’re allowed to talk to. And it might affect things like child custody, their job, and certainly their reputation.
Because of all that, the court made it clear: there has to be solid evidence. Not just guesses, assumptions, or feelings. The law requires something concrete.
Talk to a Tampa, FL, Domestic Violence Attorney Today
[nap_names id="FIRM-NAME-1"], represents the interests of Tampa residents who have experienced domestic violence in their homes. Call our Tampa family lawyers today to schedule an appointment, and we can begin discussing your next steps right away.
Source: law.justia.com/cases/florida/fifth-district-court-of-appeal/2025/5d25-0452.html]]> Westchase Law P.A.<![CDATA[Notice and Consent in Florida Child Relocation Cases]]>https://www.westchaselaw.com/?p=462442026-06-09T10:22:33Z2026-06-08T19:49:16ZWhen does the rule apply?
Under § 61.13001, the relocation rules apply whenever a parent with a right to time-sharing seeks to change the child’s principal residence by at least 50 miles from their current residence at the time of the last order or modification. The move must last for at least 60 consecutive days, excluding vacations or other temporary absences.
If the move is within 50 miles (or is short-term), these procedural safeguards do not apply.
Two paths: Agreement or petition
The statute allows parents to move under two conditions:
Relocation by agreement – If both parents agree in writing to the move, the parent can relocate the child without a contested hearing. The agreement must reflect consent to the relocation, define a new time-sharing schedule, and describe transportation arrangements if necessary.
Petition to relocate – If the other parent doesn’t consent to the move, then the relocating parent must file a sworn petition under § 61.13001(3). The petition needs to describe the new residence, state the reasons for the move, and provide a proposed revised time-sharing and transportation plan.
The non-relocating parent has 20 days to reject the petition. If they don’t, then the relocation is presumed to be in the child’s best interests.
What happens if I skip steps?
Relocating with a minor child without following the statute’s requirements is risky. The relocating parent may face contempt charges, an order requiring the child to return, and a modification of the parenting plan that does not benefit them.
In addition, the court can consider the unauthorized relocation as a factor when reviewing future modifications.
Why this matters for Tampa families
In Tampa, parents who are considering a relocation must plan ahead. Even if the move seems beneficial to the children, the statute requires more than just good intent. You must either secure the other parent’s written consent or file the petition and serve it correctly. Failure to do so can jeopardize the relocation and trigger legal consequences.
In other words, moving with your child is a legal process with clear steps. A Florida family law attorney can help ensure you meet the notice and consent requirements under the statute.
Talk to a Tampa, FL, Family Law Attorney Today
The Tampa family lawyers at [nap_names id="FIRM-NAME-1"], represent the interests of parents who are looking to relocate to another state. Call our office today to schedule an appointment, and we can begin discussing your next steps right away.
Source:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13001.html]]> Westchase Law P.A.<![CDATA[When Parenting Plans Include Future Time-Sharing Changes]]>https://www.westchaselaw.com/?p=462222026-06-09T09:54:54Z2026-06-03T05:00:00ZBackground of the case
In the aforementioned case, there was a dispute between the parents regarding custody and time-sharing of the minor child. The couple signed a parenting plan in which they agreed to follow a phased time-sharing plan for the child. There was, however, no absolute time-sharing plan. Instead, they decided to have a plan that would allow for more time-sharing by the father as the child grew.
The purpose of a phased schedule is to prevent future lawsuits over the same issue once the child reaches a certain age. Rather than forcing the parents to file suit every time there is a change in time-sharing and custody, the parents can simply make changes in accordance with the agreement.
As the child became old enough and completed all stages according to the plan, the couple had another argument regarding time-sharing. This argument led to a lawsuit over the custody of the child.
One of the parents argued that the new schedule could not automatically go into effect. To do so, they argued that the other party should prove that the change is necessary under the laws of Florida for modification of custody orders.
The appeal
The case eventually found its way to the Fourth District Court of Appeal. The court was tasked with deciding whether the milestone-based parenting plan was legally binding for both parents.
Under Florida’s laws, to seek a modification of a current custody agreement, the parent must show that a significant and unexpected change in circumstances occurred since the issuance of the order. In addition, the parent must prove that the modification is in the child’s best interests.
The appeals court analyzed the applicability of the aforementioned criteria for modification when the parents initially agree on future modifications of their parenting plan.
The Fourth District decided that the criteria in question do not necessarily apply in cases such as the one described above. Since the parents willingly agreed to a phased sharing of time, the court believed that the modifications should be treated as part of the initial plan rather than a modification of the custody order.
Thus, the appeals court upheld the parenting plan and permitted the modifications to emerge as originally agreed upon.
Talk to a Tampa, FL, Child Custody Lawyer Today
[nap_names id="FIRM-NAME-1"], represents the interests of Tampa parents during custody hearings. Call our office Tampa family lawyers to schedule an appointment, and we can begin preparing your case right away.
Source:
caselaw.findlaw.com/court/fl-district-court-of-appeal/115791414.html]]> Westchase Law P.A.<![CDATA[Relocation and Child Custody Disputes in Florida]]>https://www.westchaselaw.com/?p=462372026-06-09T09:54:56Z2026-06-02T05:00:00ZBackground of the case
In the aforementioned case, the couple had been divorced previously and were equally responsible for the upbringing of their two minor children. The parenting plan contained in the final dissolution decree had included extensive sharing of parental time, keeping in mind Florida’s law favoring the child maintaining a close relationship with both parents whenever possible.
In this case, post-divorce life was changing for the parents, and the mother petitioned the court to allow her to relocate with the two minor children to Jacksonville, Florida. Parental relocation is common if the parent wants to get a job elsewhere, move near relatives, or remarry. However, the relocation could disturb the current time-sharing and deprive the other parent of regular contact with their children.
The father did not agree to the request to relocate with the children and filed his petition asking the court to allow him to move to South Carolina with the minor children. The father had relatives in the region and felt that settling down there would be of great benefit to him and the children.
Both the mother and father wanted to relocate with the children to another place, and thus, the trial court needed to decide which relocation was in the child’s best interests.
The appeal
In the end, the trial court determined that the best interests of the child would be served by giving the father temporary custody of the children until a final trial. The mother, however, appealed the decision and took her case before the Fifth District Court of Appeal, arguing that the move to South Carolina was not in the child’s best interests.
Under section 61.13001 of the Florida Statutes, the court is required to consider a number of issues in determining whether a relocation is appropriate. This includes the current relationship between the parent and child; whether it is possible to continue time sharing with both parents,l whether the relocation would provide any benefit to the children; and whether it would meet the emotional needs of the children.
After considering the matter carefully, the appellate court found that the trial court conducted the proper analysis regarding the relocation based on competent evidence presented during the trial. Accordingly, the court decided to affirm the lower court’s decision.
Talk to a Tampa, FL, Child Relocation Lawyer Today
[nap_names id="FIRM-NAME-1"], represents the interests of Florida parents looking to relocate with a minor child. Call our Tampa family lawyers today to schedule an appointment, and we can begin preparing your arguments right away.
Source:
caselaw.findlaw.com/court/fl-district-court-of-appeal/117354231.html]]> Westchase Law P.A.<![CDATA[Flexibility in Parenting Plans]]>https://www.westchaselaw.com/?p=462152026-06-09T09:54:57Z2026-05-27T05:00:00ZBackground of the case
In this case, the parents signed a parenting plan agreement during their divorce proceedings. Most parents who go through a divorce try to develop a reasonable parenting plan for sharing time with their children.
The parents developed a parenting plan with a timesharing schedule. However, the document included an additional provision stipulating that the timesharing schedule could be changed further without proving a substantial change in circumstances. The reason why the parents added this provision is that they anticipated changes in their child’s life and wanted to make provisions in the parenting plan that accommodated these changes.
Ultimately, one party attempted to alter the timesharing schedule based on provisions that were made in the parenting plan. The question then became whether the court should enforce the provision even though no substantial change had occurred.
The other parent claimed that under Florida law, it is necessary to prove a substantial and material change in circumstances to warrant modifying a parenting plan.
The appeal
The matter before the court was whether the parents can provide their own stipulations regarding changes to an existing parenting plan, or if the court should follow the Florida statute in this matter. In other words, which standard should apply?
According to the appellate court, the contract between the parents was valid and binding. Since both parents freely entered into the agreement, it was proper to respect the agreement.
It is important to note that Florida law promotes cooperative parenting agreements between parents. When parents come to a mutual agreement regarding particular matters, including possible changes to the schedule or needs of the child in the future, courts have the duty to uphold the agreement, so long as it’s in the best interests of the child.
Therefore, the appellate court upheld the modification clause contained in the parenting plan.
Key takeaways
Florida’s statutes require a parent to prove a substantial and material change in circumstances to warrant modifying a parenting plan. However, the parents can agree to a provision in the parenting plan that lets them update the plan when necessary.
Talk to a Tampa, FL, Child Custody Lawyer Today
[nap_names id="FIRM-NAME-1"], represents the interests of Tampa parents seeking to make modifications to their parenting plan. Call our Tampa family lawyers today to schedule an appointment, and we can begin discussing your next steps right away.
Source:
caselaw.findlaw.com/court/fl-district-court-of-appeal/115791414.html]]>