Viewing entries tagged
Florida child support calculation

Florida child support: when a party ignores administrative support proceedings

Posted by Nydia Streets of Streets Law in Florida Child Support

The State of Florida is authorized to initiate child support proceedings by serving a parent with notice of a proceeding to establish an administrative support order. This process is done by mail with a parent mailing requested proof of income and the Department of Revenue creating a proposed order to be sent to the parent who will pay child support. If the party disagrees with the order he or she can request a hearing. Because failure to respond to these documents could result in the entry of an order against a party which may not have accurate information, it is important not to ignore these mailed notices.

Imputation of income in Florida child support case reversed in recent appellate case

Posted by Nydia Streets of Streets Law in Florida Child Support

Imputing child support in a Florida child support case requires more than a hunch that a parent is not earning his or her full potential in salary. A party seeking to impute income to the other parent must show the parent is voluntarily underemployed or unemployed, and the amount of income to impute. In the case Windsor v. Windsor, 1D19-764 (Fla. 1st DCA 2018), we see this standard applied to a real life set of facts.

Maximizing deductions in a Florida child support case

Posted by Nydia Streets of Streets Law in Florida Child Support

Child Support is calculated in Florida applying various deductions each parent is entitled to claim in determining a parent’s net income. For example, aside from taxes, medicare and social security deductions, a parent is entitled to credit for health insurance premiums and support payments made for other children. In one recent case, we see how the appellate court reviewed an appeal of a child support order that included these deductions.

Florida child support: No contempt where order is not definite or clear

Posted by Nydia Streets of Streets Law in Florida Child Support

A party who fails to abide by a court order may be held in contempt. The consequences of this can include incarceration, money fines and other sanctions. In order for a court to hold a party in contempt, there must be showing that an order mandates the party to do (or not do) something, and that party intentionally failed to comply with the order. Motions for contempt are most commonly used in Florida family law cases to enforce child support payments.

Florida child support arrears related to a domestic violence injunction

Posted by Nydia Streets of Streets Law in Florida Child Support

When a party fails to pay court ordered child support, the amount of payment that is overdue is called arrears. Arrears are considered vested, meaning the person to whom the money is owed has full rights to the funds. An interesting issue arose in a recent appellate case concerning the contention that a party owed eight years of arrears based on a temporary injunction entered in 2007.

Ordering Florida child support for a child who does not reside in-state

Posted by Nydia Streets of Streets Law in Florida Child Support

If a child does not live in Florida, can a court still order that child support be paid for that child? The answer depends on where the parents reside and whether or not the court has jurisdiction over the parents. As we see in the case Keogh v. Keogh, 5D18-1080 (Fla. 5th DCA 2018), when it comes to deciding whether or not there is jurisdiction to establish a Florida child support order, where the child resides is not the determining factor. 

Lump sum child support award in Florida

Posted by Nydia Streets of Streets Law in Florida Child Support

Is it possible to award lump sum child support in Florida? This was an issue considered in the recent case Masnev v. Masnev, 4D17-1238 (Fla. 4th DCA 2018) in which the former husband appealed, among other issues, an award of lump sum child support to the former wife. 

Florida child support: Imputing income to an unemployed or underemployed parent

Posted by Nydia Streets of Streets Law in Florida Child Support

When a parent is not working, how is Florida child support calculated? The Florida Statutes state "Monthly income shall be imputed to an unemployed or underemployed parent if such unemployment or underemployment is found by the court to be voluntary on that parent’s part, absent a finding of fact by the court of physical or mental incapacity or other circumstances over which the parent has no control." We see this statute applied in the case Heard v. Perales, 4D17-3115 (Fla. 4th DCA 2018).