Miami family law attorney blog
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Miami child support lawyer
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
Florida child support guidelines are an important and required part of a final judgment ordering support. This is likely because the guidelines show what numbers were used to determine support, which are important to know when modifying in the future. The absence of guidelines was an issue in the case Mullarkey v. Tiraco, 2D2024-1612 (Fla. 2d DCA July 25, 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
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).
Posted by Nydia Streets of Streets Law in Florida Child Support
Can you object to having a hearing officer preside over your Florida child support case and instead request that a judge hear the case? This was an issue in Smith v. Smith, 3D24-0687 (Fla. 3d DCA March 5, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Support
When a party fails to provide a transcript of his or her Florida family law hearing that was the basis of an appeal, the appellate court may not be able to grant relief. This is because the transcript is needed to review what happened at the trial or hearing. The appellate court is restricted to reviewing obvious errors in the order being appealed. This was an issue in the case Aguirre v. Andrukiebich, 3D24-0614 (Fla. 3d DCA February 26. 2025).
Posted by Nydia Streets of Streets Law in Florida Child Support
What is retroactive child support in a Florida family law case? This is support that a court awards dating back to the date the parties no longer lived together or no more than two years prior to the date a petition for support is filed. The court determines how much support should have been paid during this period and orders the party responsible for support to pay it going forward, in addition to any ongoing amount of child support. Retroactive support was an issue in the case McGill v. McGill, 2D22-443 (Fla. 2d DCA February 10, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Support
Can child support ordered in another state be modified in Florida? Yes, under certain conditions. Modification in Florida can occur if there is a substantial change in circumstances, and there is personal jurisdiction over the party against whom modification is sought. Modification of an out-of-state child support order was an issue in the case Varchetti v. Varchetti, 4D22-438 (Fla. 4th DCA January 18, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Support
What defenses are available to a petition to modify child support? Certain defenses must be made in writing, which are called affirmative defenses. Failure to assert affirmative defenses in writing usually means they are waived. This was an issue in the case R.B. v. B.T., 2D21-747 (Fla. 2d DCA January 13, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Support
Can child support be non-modifiable in Florida? For example, if the parents agree child support cannot be less than a certain amount, but one parent loses a job or another parent begins earning significant income, can the child support amount be changed despite the parents’ agreement to keep it at a certain amount? This was an issue in the case Funderburk v. Funderburk, 2D21-2421 (Fla. 2d DCA January 6, 2023).
Posted by Nydia Streets of Streets Law in Child Support
When a party is not happy with a Florida child support ruling, can that party appeal? The answer depends on many factors, but an appeal generally must show the court misapplied the law. When reviewing a child support order, the appellate court will review whether competent, substantial evidence supports the decision. This was an issue in the case Duncan v. Franklin, 3D21-1068 (Fla. 3d DCA October 12, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Support
Sometimes an employer pays living expenses for an employee such as cell phones, vehicles and even rent. The Florida child support guidelines include as a parent’s income in-kind reimbursements from employers insofar as these payments reduce living expenses. This was an issue in the case McDaniel v. McDaniel, 2D20-2845 (Fla. 2d DCA June 15, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Support
Florida child support is calculated under guidelines using both parents’ net incomes (after taxes and certain statutory deductions) and include expenses such as daycare and health insurance premiums. These guidelines must be included with a final judgment, or an order for child support may be reversed on appeal. This was an issue in the case Dorvilien v. Verty, 4D21-1772 (Fla. 4th DCA March 23, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Support
Is a parent required to pay private school tuition in addition to child support in Florida? While generally, there is no obligation to put children in private school, a parent may be required to pay private school tuition if certain findings are made by the court. This was an issue in the case Boulos v. Boulos, 3D21-476 (Fla. 3d DCA February 9, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Support
When a party wins an appeal in a Florida family law case, what happens next? The appellate court usually issues instructions to the trial court in its order. At that point, “the trial court’s role is ‘purely ministerial, and its function is limited to obeying the appellate court’s order or decree.’” J.M. v. A.J.D., 3D20-1118 (Fla. 3d DCA January 12, 2022) (citing Torres v. Jones, 652 So. 2d 893, 894 (Fla. 3d DCA 1995)).
