Miami family law attorney blog
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Child Support
Posted by Nydia Streets of Streets Law in Florida Child Support
What sources of income are considered in calculating Florida child support? There are not many forms of income that are exempt from consideration in creating Florida child support guidelines. In the case Marenco v. Marenco, 2D18-1664 (Fla. 2d DCA February 7, 2020), the former wife appealed, among other issues, the trial court’s calculation of her gross monthly income.
Posted by Nydia Streets of Streets Law in Florida Child Support
When child support is established by an administrative order in Florida, is it possible to modify the order? This issue came up in the case Mirabella v. Mirabella, 2D18-4219 (Fla. 2d DCA December 18, 2020) in which the husband appealed an order that retroactively modified child support payments ordered to be paid by the wife.
Posted by Nydia Streets of Streets Law in Florida Child Support
When calculating retroactive child support in Florida, it is important that the parties produce evidence of all income during the retroactive period. Under Florida child support laws, a court can order a party to pay child support retroactive to two years prior to the date a petition to establish support is filed. Since income may have increased or decreased during this period, the court may rely on tax returns for the past two years to calculate what support should have been during that period. In the case Jones v. Jones, 1D19-1051 (Fla. 1st DCA December 20, 2019), this issue arose when the former husband appealed his final judgment of divorce.
Posted by Nydia Streets of Streets Law in Florida Child Support
Child support in Florida can be established through a proceeding in which the Department of Revenue (DOR) pursues a case on behalf of a custodial parent owed support. When this happens, DOR petitions the court for an order that obligates the paying parent to pay support to DOR, and DOR in turn disburses the funds to the custodial parent. How much participation is required by the custodial parent in the case? This was an issue in the case Dept. of Revenue v. Rogers, 5D19-1570 (Fla. 5th DCA November 15, 2019).
Posted by Nydia Streets of Streets Law in Florida Child Support
Parties can be ordered to split the costs of uninsured medical expenses for their children in Florida. However, if the terms of the parties’ parenting plan or other agreement puts restrictions on those reimbursements, those restrictions are usually strictly upheld. This is illustrated in the case Neighbors v. Neighbors, 1D18-3582 (Fla. 1st DCA October 24, 2019) in which the former husband appealed an order requiring him to partially reimburse the former wife for their child’s medical bill that was $60,000.00.
Posted by Nydia Streets of Streets Law in Florida Child Support
When a party fails to exercise timesharing, and Florida child support is calculated by taking into account the timesharing, support may be modifiable. This issue arose in the appellate case Myers v. Lane, 4D18-3681 Myers v. Lane (Fla. App., 2019) in which the father was found to have abandoned his child.
Posted by Nydia Streets of Streets Law in Florida Child Support
Keeping your own accounting of your Florida child support payments may help you save money and time that could be spent clearing up what are alleged to be delinquent payments. In the appellate case Robinson v. Robinson, 5D17-1109 (Fla. 5th DCA October 3, 2019), the former husband faced three separate appellate cases that centered around an accounting of how much child support he was accused of owing.
Posted by Nydia Streets of Streets Law in Florida Child Support
Are expenses paid by an employer considered income for purposes of calculating Florida child support? This question was answered in the case Mikhail v. Mikhail, 2D18-2153 (Fla. 2d DCA September 20, 2019) in which the former husband appealed a Florida divorce court’s order on child support because the court did not take into account the former wife’s automobile expenses paid by her employer.
Posted by Nydia Streets of Streets Law in Florida Child Support
Can a spendthrift trust account be garnished to satisfy a Florida child support order? This question was answered in the case Alexander v. Harris, 2D17-3218 (Fla. 2d DCA May 17, 2019) in which the mother appealed an order denying her motion for contempt against the father who was the beneficiary of a special needs, spendthrift trust and who owed the mother over $90,000.00 in child support arrears.
Posted by Nydia Streets of Streets Law in Florida Child Support
A central and interesting issue in a recent Florida appellate case involved the determination of the former wife’s income in computing Florida child support. In the case Jackson v. Jackson, 1D18-3533 (Fla. 1st DCA July 9, 2019) the former husband contended, among other arguments, that the trial court erred in failing to consider as income for the former wife her non-taxed disability and reemployment assistance payments.
Posted by Nydia Streets of Streets Law in Florida Child Support
When a party wants to modify a Florida child support award, does it matter if the original support amount was ordered versus agreed-to by the parties? If a party is seeking a decrease in Florid child support, then yes, the fact that the parties agreed to an amount matters. The case Medalie v. Sparks, 4D18-1887 (Fla. 4th DCA July 10, 2019) explains this.
Posted by Nydia Streets of Streets Law in Florida Child Support
Credit can be given to a parent in a Florida child support calculation for anticipated travel expenses associated with exercising timesharing. For example, if one parent lives in Florida and the other lives out of state, if the parent paying child support will incur significant costs in exercising timesharing, the court may enter an order reducing a child support obligation to account for those costs. In Smith v. Smith, 1D18-2771 (Fla. 1st DCA June 7, 2019), the former husband appealed an order which retroactive modified his child support obligation after he was granted a credit for timesharing travel expenses.
Posted by Nydia Streets of Streets Law in Florida divorce
A basic tenet of the legal system is that parties must be put on notice of what they should defend against in a proceeding. This avoids “surprise” attacks in which a party is unable to defend a case properly. This concept is upheld in the case Bordonaro v. Bordonaro, 1D18-4091 (Fla. 1st DCA May 21, 2019).
Posted by Nydia Streets of Streets Law in Florida Family Child Support
When parties have more than one child in common, it is important that a Florida child support order include provisions which specify how much child support is to be paid as each child turns 18 or otherwise emancipates and is no longer eligible for child support. This issue arose in the recent Florida family law case Stout v. Stout, 4D18-2296 (Fla. 4th DCA May 1, 2019).
Posted by Nydia Streets of Streets Law in Florida Child Support
When circumstances change after a final judgment is entered, either party may be able to petition for modification of the order. When child support payments are at issue, the court must determine whether or not there has been a substantial change in circumstances which was not contemplated at the time the final judgment was entered. In the case Johansson v. Johansson, 4D18-2112 (Fla. 4th DCA May 1, 2019), the former husband appealed an order denying his petition to decrease child support.
Posted by Nydia Streets of Streets Law in Florida Child Support
When a parent is unemployed at the time Florida child support is calculated, the parent may be imputed to minimum wage or a level of income consistent with his or her earning history and capacity. However, there are some instances in which a parent is unable to work at all on a temporary basis. In such cases, the parties may agree to postpone the implementation of a child support order pending the parent’s employment. Such was the case in Paulette v. Rosetta, 5D18-264 (Fla. 5th DCA April 5, 2019).
Posted by Nydia Streets of Streets Law in Florida Child Support
Florida Rule of Family Law Procedure 12.540 allows a party to file a motion to set aside a judgment based on fraud, mistake or excusable neglect. In alleging fraud, a party must point to specific acts and show that the opposing party knowingly committed fraud. In the case Corrigan v. Vargas, 5D18-2158 (Fla. 5th DCA April 5, 2019), the appellate court reviewed a trial court’s decision to set aside a final judgment as to child support based on the father’s representation that fraud was committed in determining his income at mediation.
Posted by Nydia Streets of Streets Law in Florida Child Support
When a parent fails to pay child support in Florida, he or she can be held in contempt of court. The consequences of this may include incarceration, fines and suspension of a driver’s license, among other punishments. Before a parent is held in contempt, Florida law contains certain safeguards that promote a fair process. This is evident in the case Seaman v. Seaman, 5D18-2020 (Fla. 5th DCA March 22, 2019).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Florida child support orders can be secured by a requirement that a parent ordered to pay child support also maintain a life insurance policy with sufficient coverage to protect the award of support. However, before a court can order this, it must make certain findings.
Posted by Nydia Streets of Streets Law in Florida Child Support
Calculating a parent’s income for purposes of establishing child support in Florida requires the court to make findings regarding a parent’s gross income and the net income after allowable deductions. Florida Statute Chp. 61.30 lists what is considered gross income and the deductions that will be used to arrive at a parent’s net income.
