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.
Posted by Nydia Streets of Streets Law in Florida Divorce
What income is considered in deciding how much to award in Florida alimony or child support? Florida Statute Chp. 61.30 lists payments that are considered income for purposes of calculating support. Included in that list are in-kind payments from an employer which reduce a party’s living expenses. This was a topic in the case Ortega v. Wood, 1D20-1534 (Fla. 1st DCA April 9, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Support
When a child will spend significant overnights with each parent as part of a Florida parenting plan, how does this affect child support? Under the Florida child support guidelines, an adjustment to child support is usually warranted for what is referred to substantial overnight time-sharing. A parent must exercise at least 20 percent overnights per year in order to receive a reduction in child support payments. This was an issue in the case Williams v. Bossicot, 4D20-524 (Fla. 4th DCA July 8, 2020).
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.
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.
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.
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.
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.
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.
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.
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).
