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Calculating Child Support in Florida

Disability and re-employment payments are income for purposes of calculating Florida child support

Posted by Nydia Streets of Streets Law in Florida Child Support

A central and interesting issue in a recent Florida appellate case involved the determination of the former wife’s income in computing Florida child support. In the case Jackson v. Jackson, 1D18-3533 (Fla. 1st DCA July 9, 2019) the former husband contended, among other arguments, that the trial court erred in failing to consider as income for the former wife her non-taxed disability and reemployment assistance payments.

Florida child support can be modified retroactive to the date a parent failed to regularly exercise timesharing

Posted by Nydia Streets of Streets Law in Florida Child Support

Credit can be given to a parent in a Florida child support calculation for anticipated travel expenses associated with exercising timesharing. For example, if one parent lives in Florida and the other lives out of state, if the parent paying child support will incur significant costs in exercising timesharing, the court may enter an order reducing a child support obligation to account for those costs. In Smith v. Smith, 1D18-2771 (Fla. 1st DCA June 7, 2019), the former husband appealed an order which retroactive modified his child support obligation after he was granted a credit for timesharing travel expenses.

The unallocated support dilemma in Florida child support cases

Posted by Nydia Streets of Streets Law in Florida Family Child Support

When parties have more than one child in common, it is important that a Florida child support order include provisions which specify how much child support is to be paid as each child turns 18 or otherwise emancipates and is no longer eligible for child support. This issue arose in the recent Florida family law case Stout v. Stout, 4D18-2296 (Fla. 4th DCA May 1, 2019).

Florida child support modification requires analysis of income

Posted by Nydia Streets of Streets Law in Florida Child Support

When circumstances change after a final judgment is entered, either party may be able to petition for modification of the order. When child support payments are at issue, the court must determine whether or not there has been a substantial change in circumstances which was not contemplated at the time the final judgment was entered. In the case Johansson v. Johansson, 4D18-2112 (Fla. 4th DCA May 1, 2019), the former husband appealed an order denying his petition to decrease child support.

An agreement to postpone Florida child support until a parent becomes employed does not preclude modification

Posted by Nydia Streets of Streets Law in Florida Child Support

When a parent is unemployed at the time Florida child support is calculated, the parent may be imputed to minimum wage or a level of income consistent with his or her earning history and capacity. However, there are some instances in which a parent is unable to work at all on a temporary basis. In such cases, the parties may agree to postpone the implementation of a child support order pending the parent’s employment. Such was the case in Paulette v. Rosetta, 5D18-264 (Fla. 5th DCA April 5, 2019).

Florida child support: Error to find present ability to pay without alleged contemnor's appearance at hearing

Posted by Nydia Streets of Streets Law in Florida Child Support

When a parent fails to pay child support in Florida, he or she can be held in contempt of court. The consequences of this may include incarceration, fines and suspension of a driver’s license, among other punishments. Before a parent is held in contempt, Florida law contains certain safeguards that promote a fair process. This is evident in the case Seaman v. Seaman, 5D18-2020 (Fla. 5th DCA March 22, 2019).

Child support, attorneys fees and equitable distribution errors in Florida divorce

Posted by Nydia Streets of Streets Law in Florida Divorce

A recent appellant case in which child support, equitable distribution and attorneys’ fees were appealed sheds light on interesting issues that may arise when a final judgment is entered. The case Mattison v. Mattison, 5D18-304 (Fla. 5th DCA March 8, 2019) involved a less than three-year marriage with two minor children.

Florida child support: Error to include as taxable income employment benefits that do not reduce living expenses

Posted by Nydia Streets of Streets Law in Florida Child Support

Calculating a parent’s income for purposes of establishing child support in Florida requires the court to make findings regarding a parent’s gross income and the net income after allowable deductions. Florida Statute Chp. 61.30 lists what is considered gross income and the deductions that will be used to arrive at a parent’s net income.