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(DOWNLOAD) "Justice Delayed in Child Support Cases Involving Incarcerated Parents (Florida)" by Florida Bar Journal # eBook PDF Kindle ePub Free

Justice Delayed in Child Support Cases Involving Incarcerated Parents (Florida)

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eBook details

  • Title: Justice Delayed in Child Support Cases Involving Incarcerated Parents (Florida)
  • Author : Florida Bar Journal
  • Release Date : January 01, 2009
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 71 KB

Description

Justice delayed is worse than injustice. (1) Such is the situation resulting from the Florida Supreme Court's holding in Dep't of Revenue v. Jackson, 846 So. 2d 486 (Fla. 2003). Jackson stands for the proposition that a trial court should hold an incarcerated parent's petition for modification of child support in abeyance pending the parent's release. In essence, the failure of the Supreme Court to definitively and timely adjudicate the incarcerated parent's request to reduce, eliminate, or suspend his or her child support obligation effectively creates a separate class of children to whom the support is owed. This article discusses the development of the issue as to whether a parent having a pre-existing child support obligation should be entitled to a reduction or suspension based on an inability to pay as a result of incarceration. The discussion will attempt to reconcile two conflicting schools of thought which culminated in the Jackson decision resulting in a "kiss your sister" approach, delaying the ultimate adjudication of a support issue directly affecting children. Background/Development of the Case Law


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