Posted by Nydia Streets of Streets Law in Florida Child Support
As stated in the case Coffy v. Coffy, 4D19-3652 (Fla. 4th DCA April 28, 2021), “It is well-established under Florida law that parents cannot contract away their children’s right to support.” This means parents cannot agree that no child support will be paid when the Florida child support guidelines show support should be paid. In the Coffy case, the appellate court analyzed whether an agreement between the parties to transfer equity in a home to the former wife in lieu of monthly child support payments was appropriate.
The parties entered a marital settlement agreement which resolved all aspects of their divorce. As part of their agreement, the parties agreed child support would be paid for “each child”. However, the monthly obligation only referenced one child. The agreement stated the former husband would transfer his equity in the marital home to the former wife in lieu of paying child support for one of the children.
The appellate opinion indicates the former husband appealed, but does not state why. The appellate court affirmed all aspects of the final judgment, but felt it necessary to expound on the parties’ agreement on child support. The court noted it interpreted the final judgment to provide for support for both children. It concluded “Moreover, the mediation agreement itself clarifies that the husband agreed to satisfy the balance of his child support obligation for both children, not otherwise being paid on a monthly basis, by the husband’s transfer of his equity in the marital home to the wife who is the primary caretaker of both children. We see no reason to disturb the parties’ mutual agreement to the pre-payment of part of the husband’s child support obligation for both of his children through the transfer of equity in the marital home that the wife will utilize to support her children. See Daizi v. Daizi, 549 So. 2d 754, 755 (Fla. 3d DCA 1989) (‘[T]he trial court has the power to effect equitable distribution, including the power, where appropriate, to award the husband’s equity to the wife in lieu of child support.’); see also Butler v. Butler, 409 So. 2d 517, 518 (Fla. 5th DCA 1982) (a parent’s ability to meet his or her child support duty may include the sale of assets).”
Crafting creative child support awards requires careful considerations and language in an agreement. Schedule a consultation with a Miami child support lawyer to understand how a court might review your potential support agreement.