Posted by Nydia Streets of Streets Law in Florida Child Support
In a Florida administrative child support proceeding, the parties have the ability to have child support calculated without going to court. If a parent objects to the proposed child support amounts, however, that parent can request a hearing and a judge will resolve any disputes. If a parent does not show up to that hearing, a judge might make decisions in his or her absence. Such was the case in Fla. Dep't of Revenue v. Carreira, 1D20-1086 (Fla. 1st DCA January 15, 2021).
In this case, the father objected to proposed child support numbers in an administrative proceeding. A hearing was held, and at the hearing it was determined the father should be imputed to minimum wage. The mother did not appear at the hearing. Testimony was offered by the father that the parties lived together with their child until six months prior to the hearing. During this time, the father testified that he paid for diapers and other items for the child in the amount of $480. The Department of Revenue sought retroactive support for the period of time the parties were not living together. The judge decided that because the mother was not at the hearing, there was no evidence to support a retroactive award.
The Department of Revenue appealed, arguing there was enough evidence, even without the mother’s attendance and testimony, to show that there was a need for child support during the retroactive period. The appellate court agreed, holding “We review the denial of an award of retroactive child support for abuse of discretion. Johnson v. Johnson, 297 So. 3d 700, 704 (Fla. 1st DCA 2020). A trial court abuses its discretion when it denies retroactive child support where there is a demonstrated need for the child support and the parent has the ability to pay the retroactive support. Id. The evidence provided by the Department's representative concerning the mother's income combined with the father's testimony about what he contributed to the child's support during the six-month retroactive period demonstrated that the child had a need for support. The father's testimony also established that he had the ability to pay the retroactive support. Because there was competent, substantial evidence before the ALJ to support the finding that the child was in need of support and the father had the ability to pay the child support, the ALJ abused his discretion by failing to award retroactive child support.”
If you need help calculating child support in Florida, contact a Miami child support lawyer. A consultation can help you understand how support is calculated and what you need to know before support is established in your case.