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Child Support
Posted by Nydia Streets of Streets Law in Florida Child Support
Child support guidelines worksheets are important to a final judgment. This is because they serve as a reference point when a party wants to modify child support in the future. Failure to attach or file guidelines may require reversal of a final judgment. This was one issue in the case Knight v. Knight, 1D2022-2040 (Fla. 1st DCA March 27, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Support
In a Florida administrative child support proceeding, the parties usually submit evidence of income by mail and proceedings are handled without a court hearing. What happens if the evidence submitted is ignored? This was an issue in Perez v. DOR, 3D23-1820 (Fla. 3d DCA January 24, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Support
When calculating retroactive support in Florida, if a parent wants to impute income to the other parent, the same rules apply for imputation that apply when calculating ongoing support: The party seeking imputation must show “a. The unemployment or underemployment is voluntary; and b. Identifies the amount and source of the imputed income, through evidence of income from available employment for which the party is suitably qualified by education, experience, current licensure, or geographic location, . .“ § 61.30(2)(b)1., Fla. Stat. (2022).
Posted by Nydia Streets of Streets Law in Florida Child Support
Ordering retroactive child support in Florida is based on a review of factors such as time-sharing, how much a parent paid during the retroactive period and more. Florida law limits the date to which retroactive child support can be ordered. This was an issue in the case Walter v. Herot, 4D2022-2409 (Fla. 4th DCA January 17, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Support
Usually when a parent seeks to modify child support in Florida, the court can modify the child support retroactive to the date the parent filed the petition for modification. There is an exception, however, which has to do with time-sharing. This was an issue in the case Hardwick v. Smith, 1D2022-3853 (Fla. 1st DCA December 27, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Support
For purposes of calculating child support in Florida, a court may impute income to a parent who is not participating in the proceedings. Lack of participation can include a refusal to provide any financial records or information related to a parent’s current income. This was an issue in the case Sadeh v. Calenzani, 3D22-2057 (Fla. 3d DCA December 13, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Support
Can post-judgment interest be awarded on retroactive child support in Florida? A recent appellate case clarifies this issue.
Posted by Nydia Streets of Streets Law in Florida Child Support
How can a parent obtain child support in Florida? The filing of a petition for child support is sufficient in most cases, and can be done independently by the parent or through the State of Florida if the parent has applied for child support services through the Department of Revenue. Dismissal of a petition for child support was an issue in the case Spann v. Payne, 1D2022-3195 (Fla. 1st DCA December 13, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Support
An administrative child support order entered in Florida may be modified or superseded by a circuit court order. This means that if a parent involved in an administrative proceeding files a petition to supersede or modify the administrative order, the circuit court can order provisions that prospectively modify the order. However, can the circuit court order cancel the provisions of the administrative order? This was an issue in the case State of Florida v. Delva, 3D23-1036 (Fla. 3d DCA November 29, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Support
Can retroactive child support be awarded for a child who has reached the age of majority? A recent case analyzes this issue, taking into account the language of the Florida Statutes. The case is Dept. of Revenue v. E.P., 2D22-4083 (Fla. 2d DCA November 1, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Support
What is a child support guidelines worksheet in Florida? This is a document which shows how child support was calculated in a case, including the parties’ net incomes, daycare expenses, health insurance expenses for the children and time-sharing percentage splits. This worksheet is required to be filed in a Florida family law case involving the establishment or modification of child support. This was an issue in the case Nepola v. Nepola, 4D2021-3316 (Fla. 4th DCA October 18, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Support
When a parent requests modification of child support, should the children’s actual needs be considered? If a parent defends against a modification by alleging the children’s financial needs are met and have not increased, this could be considered, but the court must also consider the basis for modification pled by the parent asking for the support amount to be changed. This was an issue in the case Harrington v. Kemp, 2D22-1257 (Fla. 2d DCA August 25, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Support
When modifying a Florida child support order, there has to be a showing of a substantial change in circumstances. The net incomes of the parents is the focus in determining child support guidelines. This was an issue in the case Dunson v. Dunson, 5D22-2607 (Fla. 5th DCA August 19, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Support
An administrative child support hearing is governed by Chapter 120 of the Florida Statutes. Specifically, Chapter 120.57 contains procedures related to hearings involving disputed issues of fact. This was an issue in the case Adderly v. DOR, 4D23-1118 (Fla. 4th DCA August 23, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Support
How long does a parent have to enforce child support arrears owed? Child support arrears are considered vested property rights which are not subject to modification. But if a parent waits too long to enforce payment of arrears, he or she may run into the defense of laches. This was an issue in the case Holley v. Erwin-Jenkins, 2D22-2561 (Fla. 2d DCA August 23, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Support
What is a delayed income withholding order in Florida? Parties can agree that child support may be paid directly from one parent to the other, rather than payments being processed through the state’s Central Depository. They can also agree that a delayed income withholding order is entered that specifies if a parent is ever late on making payment, the income withholding order will go into effect so that direct payments are cancelled and the Central Depository monitors payments. This was an issue in the case M.D. v. T.T., 2D22-2335 (Fla. 2d DCA July 21, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Support
When is it appropriate to deviate from the Florida child support guidelines? According to the Florida Statutes, a court can award a higher or lower amount of child support than indicated by the Florida child support guidelines, but if the amount exceeds a five percent difference, there must be written findings of why the guideline amount would be inappropriate or unjust under the circumstances. This was an issue in the case T.T.L. v. F.A.L., 2D22-1750 (Fla. 2d DCA July 26, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Support
A party who hides income or assets to avoid paying support or splitting assets in a Florida divorce may find themselves on the losing end of assets later. For example, someone who purchases property in the name of a third party to avoid legal obligations runs the risk that the property will ultimately belong to the third party despite proof of payment. This was an issue in the case Perry v. Turner, 2D22-119 (Fla. 2d DCA June 30, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Support
Child support guidelines are an important part of a Florida paternity, child custody or support case. They provide the basis for the court to make its support determination, including the net incomes of the parents, any expenses related to health insurance and daycare, and more. The inclusion of correct guidelines was an issue in the case Harvey v. Hill, 1D22-2290 (Fla. 1st DCA July 5, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Support
When it comes to imputing income to a parent who is alleged to be voluntarily unemployed or underemployed for purposes of calculating child support, the burden of proof is important. The parent alleging underemployment has the burden of proving it. This was an issue in the case Allison v. Allison, 2D21-3677 (Fla. 2d DCA June 21, 2023).
