Paternity
Prior to a court determination, custody of an illegitimate child belongs to this person
Who is the mother?
In Florida, on the death of one spouse, the other spouse is entitled to this even if the deceased spouse tried to disinherit the surviving spouse
What is the elective share?
Option to disaffirm contact entered into by minor belongs to this person
Who is the minor until the minor reaches the age of majority, at which point he can no longer disaffirm the contract (such contract are VOIDABLE by the minor)
The domicile of a child
What is the domicile of the parents?
Age a child must be to terminate enrollment with the school board in Florida with parental consent
What is 16?
NOTE: Corporal punishment is still permitted at school if it is approved by the principal in advance. it does not require permission of the parent
An action to adjudicate a father's rights and obligations
What is a paternity action?
The fact that the father's name appears on the birth certificate DOES NOT establish paternity. It is the notarized acknowledgment that must be filled out at the hospital that results in the father's name being on the birth certificate that establishes paternity.
Statute of limitations on paternity action is 4 years from the date the child reaches the age of majority
Amount of elective share in Florida
What is 30% of the elective estate?
Age a child must be for the child, through a guardian or next friend (the child cannot do it), to petition the court for emancipation
What is 16?
(If specific disabilities of nonage are removed by statute, all disabilities other of nonage are NOT removed)
Title IV-D agency responsible for enforcement of child support in Florida
What is the Department of Revenue?
The Department of Revenue can establish paternity, establish child support, and since 2018 can also establish a timesharing schedule.
If a parent is receiving public assistance, the DOR will go after the other parent for child support whether the parent receiving public assistance wants DOR involved or not. However, a parent does not have to be receiving public assistance to get help from DOR in enforcing child support.
Payment of child support directly from the payor's employer is accomplished through this
What is Income Withholding Order?
One of the things that must be shown by the petitioner to DISestablish paternity
What is that he is current on child support, that there is newly discovered evidence since the initial determination of paternity, or DNA test results that show the legal father is not the biological father
Person(s) who must consent to transfer of homestead property if parties are married
Who are husband and wife?
Becoming legally independent from one's parent or guardian
What is emancipation?
Child support can be generally be MODIFIED retroactively for this time period
What is to the date the petition to modify child support is filed?
Where the substantial change is one parent's failure to exercise timesharing, the modification is retroactive to the date the parent stopped exercising timesharing
A Final Judgment that establishes a child support obligation is also a final determination of this
What is paternity? (NOTE: an adjudication of paternity DOES NOT make a child legitimate)
A person begotten and born out of a lawful marriage is said to be this
What is illegitimate?
An illegitimate child is considered a lineal descendant and can inherit from the father if the parents were married before or after birth, paternity was established before or after death of father, or father acknowledged paternity in writing UNLESS adopted- children who are adopted cannot inherit from their birth parents
Doctrine that stands for the proposition that a woman could not sue her husband for torts committed during the marriage
What is interspousal tort immunity? (abrogated in Florida so a wife can sue her husband for torts like battery)
One of the circumstances where parents are liable for the torts of the children
What is when the parent is guilty of negligence; if a minor maliciously or willfully destroys or steals real, personal or mixed property; when the Parent entrusts child with instrumentality that may become a danger to others (car); when the parent, knowing of the child’s wrongdoing, consents to, directs or allows it; when the parent fails to exercise parental control over a minor when available information indicates injury to another is probable, such as when child has a habit of engaging in a particular course of conduct; and a parent or legal guardian can be held liable for theft committed by a minor child if child lives with parents. The victim is entitled to three times the amount of the actual damages, with minimum damages of $200.00.
A Petition for Dependency can be filed by_____________________.
Who is the Department of Children and Families, a person who has knowledge of the facts supporting the petition, or a person who is informed of the facts supporting the petition and believes they are true.
The legal father of a child conceived during a marriage as a result of the wife having engaging in intercourse with someone else is who?
Who is her husband? (a biological father may not have standing to bring a paternity action)
One circumstance where a child is presumed legitimate
What are when the child is born during a marriage, when the child is conceived during a marriage, when the child is born outside the marriage and the parents marry after the child is born
Whose signature is required to transfer real property owned by a wife in her own name that is not homestead property?
What is the wife only?
One of the people who can sue and be sued on behalf of a minor and who can petition the court to remove the disabilities of non-age from a minor who is 16 or older
Who is guardian ad litem, next friend, legal guardian or natural guardian
In a non-Title IV-D case, DNA test results create a rebuttable presumption that the putative father is the father if the results are equal to or greater than this percentage probability.
What is 95%? (It is 99% in DOR case)
Child support can INITIALLY be ordered retroactively to this date.
What is two years prior to the filing of the petition to establish support?