Miami family law attorney blog
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Child Support
Posted by Nydia Streets of Streets Law in Florida Child Support
Denial of a petition for modification of Florida child support without an evidentiary hearing is usually a violation of due process rights. This was an issue in the case Maybell v. Bryant, 2D2025-0917 (Fla. 2d DCA January 16, 2026).
Posted by Nydia Streets of Streets Law in Florida Child Support
Is an award of retroactive child support in Florida discretionary? According to a recent case, while it is discretionary, “appellate courts routinely find it error to not award it.” See Dart v. Dart, 4D2024-1525 (Fla. 4th DCA January 7, 2026).
Posted by Nydia Streets of Streets Law in Florida Child Support
How does a Florida family court judge decide who pays for a child’s extracurricular activities in a Florida child support case? There are multiple ways extracurricular expenses can be handled in a Florida parenting plan. This was an issue in the case Webking v. Webking, 1D2023-0771 (Fla. 1st DCA December 31, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Support
When imputing income to a parent for purposes of calculating child support in Florida, specific findings are required. The burden of proof is on the party requesting that income be imputed. This was an issue in the case Wolverton v. Wolverton, 6D2023-3821 (Fla. 6th DCA November 26, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Support
If a final judgment in a Florida family law case reserves ruling on a matter such as child support arrears, is that judgment really final for purposes of determining if the appellate court has jurisdiction to review the judgment? This was an issue in the case Lysich v. Canelo, 3D25-1823 (Fla. 3d DCA November 12, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Support
Is a court required to take into account a parent’s ability to pay child support when relying on the Florida Child Support Guidelines? A parent may feel he or she is unable to meet the calculated child support amount when considering his or her rent, utility and other living expenses. This was an issue in the case Hector v. DOR, 3D25-0454 (Fla. 3d DCA November 5, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Support
When a person receives notice that a Florida administrative child support proceeding has been filed against them, what are their options? This was an issue in the case Wilson v. DOR, 1D2025-0894 (Fla. 1st DCA October 22, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Support
If paternity is contested in a Florida child support case that is being heard by a hearing officer, can the hearing officer rule on this disputed issue? According to Fla. Fam. L. R. P. 12.491(e), “A support enforcement hearing officer does not have the authority to hear contested paternity cases.” This was an issue in the case DOR v. Harris, 1D2025-0809 (Fla. 1st DCA October 15, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Support
When the Department of Revenue (DOR) is involved in a Florida child support case, can the parties privately resolve their child support dispute without involving DOR? Sometimes, DOR is owed retroactive support due to the obligee parent receiving public benefits, so it may not always be possible to leave DOR out of agreements or other resolutions. This was an issue in the case DOR v. Serwe, 6D2025-0892 (Fla. 6th DCA October 3, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Support
How are social security disability dependent benefits treated in calculating Florida child support? In a recent case, the court credited these payments to the mother’s income, and the father appealed. The case is Cruz v. DOR, 4D2024-2179 (Fla. 4th DCA October 8, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Support
As we have seen in many types of Florida family law cases, the lack of a transcript on appeal can be fatal what may be an otherwise valid claim. This was an issue in the child support case Jackson v. Lawrence, 3D25-0342 (Fla. 3d DCA September 17, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Support
When a request to determine child support is made at trial, can the judge refer the matter to a hearing officer during the trial for final resolution? Although trial judges are permitted to refer child support matters to hearing officers, a recent case underscores that this cannot happen during a trial. The case is Bui v. Panzardi, 4D2024-1867 (Fla. 4th DCA April 20, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Support
When determining income for purposes of a Florida child support calculation, there are special considerations when a parent is a business owner or shareholder of a corporate entity. Depending on the type of entity, there are different ways of viewing income received by the parent. This was an issue in the case J.E.B. v. S.A.B., 6D2023-0839 (Fla. 6th DCA July 11, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Support
Once a child is emancipated (turns 18) in Florida, can a parent seek child support for that child? Once the child is emancipated, generally the child can seek support on his or her own under certain circumstances. A parent is limited to seeking retroactive support if no initial child support determination was previously made. This was an issue in the case Morrell v. Alsentzer, 4D2024-1148 (Fla. 4th DCA July 16, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Support
When a large sum of retroactive child support is ordered in Florida, how is the sum paid? Typically, a court will order that it be paid monthly, as an additional sum paid on top of the ongoing child support. When determining the amount, the court must take into consideration the total sum owed and the time it will take to pay it off based on the monthly rate ordered. This was an issue in the case Lucombe v. Lucombe, 5D2023-3185 (Fla. 5th DCA May 23, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Support
What is laches in a Florida family law case? This is a defense asserted by a party that means the other party waited so long to assert his or her claim, that the party asserting laches cannot adequately prepare a defense because, for example, evidence has been lost or is no longer available. This was an issue in the case Phanord v. Phanord, 3D24-0818 (Fla. 3d DCA May 14, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Support
When calculating child support in Florida, it is possible for courts to make mistakes in calculating the numbers. This can be remedied, if necessary, via an appeal. But what if a party does not have a transcript of the trial at which the child support was calculated? This was an issue in the case Garwood v. Garwood, 6D2023-1793 (Fla. 6th DCA April 25, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Support
In an administrative child support proceeding, income can be attributed to a parent by subpoenaing bank records. This occurred in the case Antoine v. DOR, 4D2024-0360 (Fla. 4th DCA April 30, 2025), but the father alleged he was not the owner of the bank account funds.
Posted by Nydia Streets of Streets Law in Florida Child Support
In a Florida child support case, the court may assign the tax dependency exemption to one parent or the other. The court can also order that the dependency exemption be alternated between the parties, with one claiming the exemption one year, and the other claiming the exemption the next year. Modification of the tax dependency exemption was an issue in the case Dorsett v. Ferguson, 2D2024-0917 (Fla. 2d DCA April 23, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Support
Sometimes, the wording of a Florida marital settlement agreement can be ambiguous or open to different interpretations. When this happens, the court may be tasked with deciding what the parties meant by specific phrases in the agreement. This was an issue in the case Stamler v. Stamler, 2D2023-2339 (Fla. 2d DCA April 11, 2025).
