Posted by Nydia Streets of Streets Law in Florida Child Support
Child support may be established via an administrative proceeding in which documents are sent to the parties by mail to establish child support. If a party disagrees with the proposed child support amount in mailed documents, he or she may request a hearing. As part of this process, retroactive child support can be established. Retroactive child support is that which was owed prior to the order being entered establishing the child support obligation. How far back can retroactive support be ordered?
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
To calculate child support in Florida, a Court looks at the incomes of both parents. Income is defined by Florida Statute 61.30 and includes business income. When using business income to calculate child support, Florida law requires the court to subtract ordinary and necessary expenses required to produce income from a party’s gross business income.
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
According to the Florida Statutes, child support can be ordered to be paid until a child graduates from high school even if the child will be 19 when he or she graduates from school. A question that was answered in one recent appellate case deals with whether child support can be modified after a child turns 18 if the child is still in high school.
Posted by Nydia Streets of Streets Law in Florida Child Support
Does a parent’s obligation to pay medical expenses for a child continue beyond the child’s 18th birthday? This question was answered in the case Dixon v. Dixon, 2D16-3099 (Fla. 2d DCA 2018) where the father appealed an order requiring him to continue paying for his child’s diabetes treatment after the child reached the age of 18.
Posted by Nydia Streets of Streets Law in Florida Child Support
Florida child support guidelines are calculated by evaluating the net incomes of each parent and taking into account daycare and health insurance payments by each parent. Additionally, we look at the number of overnights each parent spends with the children each year to further balance the equation. As we see in a recent appellate case, evidence must support a court’s child support determination.
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 parent who is ordered to pay child support for one child may have other children he or she is obligated to financially support. If the parent is court ordered to pay child support for the other children, the amount that parent actually pays by court order would be deducted from his income for purposes of calculating child support. What about when a child is anticipated, but not yet born, can a court take this into consideration in calculating child support for an existing child?
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).
Posted by Nydia Streets of Streets Law in Florida Child Support
What happens if after a child support order is entered, a child starts living with the parent who is ordered to pay child support? Child support payments are awarded based in part on who has primary residential custody of the child. In the case Moody v. Moody, 1D17-2477 (Fla. 1st DCA 2018), the court considered an appeal of an order granting a motion for contempt against a father who stopped paying child support for a child who came to live with him.
Posted by Nydia Streets of Streets Law in Child Support
Retroactive child support in Florida can be ordered dating two years prior to the date of a petition to establish child support. This is support that applies in the past - for every month that a parent was supposed to be paying support that he or she was not, the court can order that a parent pay that amount as a lump sum or in monthly installments. Calculating retroactive support requires the court to look at the incomes of the parties during the retroactive period.
Posted by Nydia Streets of Streets Law in Florida Child Support
Once a Florida child support order is entered, the party responsible for paying child support must keep up with his/her payment obligation to avoid a motion for contempt. Motions for contempt can result in sanctions such as suspension of a driver's license and even incarceration. Specific findings must be made, however, in order for a court to hold a party in contempt for non-payment of child support as we see in the case Crawford v. Crawford, 219 So.3d 224 (Fla. 1st DCA 2017).
Posted by Nydia Streets of Streets Law in Child Support
Can a parent in prison be ordered to pay Florida child support? This was a topic discussed in the case Wilkerson v. Wilkerson, 220 So.3d 480 (Fla. 5th DCA 2017). When a parent is incarcerated, a dilemma arises wherein a child needs support, but the imprisoned parent is unable to earn a wage to pay that support.
Posted by Nydia Streets of Streets Law in Child Support
When a child turns 18 before graduating from high school, does a Florida family court have the ability to extend support beyond the child's 18th birthday? It used to be argued that if the petition to extend was filed after the child turned 18, the court had no jurisdiction to modify the child support. However, DOR v. Jackson, 217 So.3d 192 (Fla. 5th DCA 2017) clarifies this issue.
Posted by Nydia Streets of Streets Law in Child Support
When a man believes he is not the father of a child for whom he is paying child support, can he request DNA testing? The answer depends, among other factors, on why he is requesting the test and what steps he's taken after finding out that he is not the biological father. In the case Meeker v. Meeker, 214 So.3d 766 (Fla. 5th DCA 2017), we review a trial court's decision to order a DNA test in a proceeding to enforce an out-of-state child support order.
