Posted by Nydia Streets of Streets Law in Florida Child Support
When applying the Florida child support guidelines to a case, a Court must examine each parent’s net income. Florida Statutes, Chp. 61.30 indicates what deductions a parent is entitled to claim in arriving at his or her net income. One such deduction is the parent’s health insurance premium. But what about health insurance premiums a parent pays for other people in his or her household? This was an issue in the case Sylvester v. Sylvester, 5D19-2889 (Fla. 5th DCA October 9, 2020).
Posted by Nydia Streets of Streets Law in Florida Child Support
Child support proceedings in Florida can be initiated on a parent’s behalf by the Department of Revenue. This usually happens when a parent requests the Department of Revenue’s assistance or the parent begins receiving public assistance benefits. When a parent receives public benefits, he or she may assign to the Department of Revenue the right to seek child support from the other parent. But what happens when the parent receiving the benefits refuses to participate in the child support proceeding or otherwise cooperate? This was an issue in the case State of Florida Department of Revenue v. Taylor, 3D19-2092 (Fla 3d DCA September 30, 2020).
Posted by Nydia Streets of Streets Law in Florida Child Support
Modifying child support in Florida may occur because of increased expenses for a child. As a child grows older, he or she may need additional funds to support extracurricular activities, tutoring, food, and other living expenses. In Gore v. Smith, 3D19-1947 (Fla. 3d DCA July 29, 2020), an appeal concerning a modification of child support was at issue.
Posted by Nydia Streets of Streets Law in Florida Child Support
Can child support be ordered past age 18 in Florida? The Florida Supreme Court has held “Generally, the obligation of a parent to support a child ceases when the child reaches majority, but an exception arises when the child is, from physical or mental deficiencies, unable to support [herself].” Perla v. Perla, 58 So. 2d 689, 690 (Fla. 1952). In the recent case Fernandez v. Fernandez, 3D20-104 (Fla. 3d DCA August 5, 2020), an adult dependent child petitioned the court for support from her father.
Posted by Nydia Streets of Streets Law in Florida Child Support
Florida child support can be established through what is called an administrative child support proceeding. This proceeding is usually handled via mail and without the parties attending court, unless a hearing is requested or the obligor indicates he or she has filed or wishes to have filed a petition in court regarding support. In the case Crespo v. Watts, 1D19-4194 (Fla. 1st DCA August 12, 2020), a ruling from a hearing held in an administrative child support proceeding was appealed.
Posted by Nydia Streets of Streets Law in Florida Child Support
If a parent who is ordered to pay child support has other children after the support order is entered, is that a basis to modify child support in Florida? If a parent is seeking a decrease in child support, Florida law generally states that modification cannot be based on after-born children. However, if a parent is seeking to increase the other parent’s child support payments, the after-born child may be asserted as a reason to deny modification or at least to grant a deviation from the Florida child support guidelines in the paying parent’s favor. This was an issue in the case Reed v. Fla. Dep't of Revenue, 1D19-3833 (Fla. 1st DCA August 6, 2020).
Posted by Nydia Streets of Streets Law in Florida Child Support
When a parent fails to exercise time-sharing in accordance with a Florida parenting plan, that parent may be at risk of having his or her child support obligation retroactively increased starting from the date the parent stopped regularly exercising his or her time-sharing. But what happens when there is a typo in the parenting plan regarding the amount of overnights spent by the parent paying child support? This was at issue in the case Coriat v. Coriat, 3D19-904 (Fla. 3d DCA July 8, 2020).
Posted by Nydia Streets of Streets Law in Florida Child Support
When a child is disabled and deemed dependent, can child support be extended past age 18 in Florida? Generally, the answer is yes, and whether or not this can happen in a case requires specific analysis. The case Skelly v. Skelly, 5D19-3780 (Fla. 5th DCA July 10, 2020) gives some guidance on this issue.
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
What is a Florida administrative child support proceeding? This type of proceeding largely happens via mail. So long as the parties agree as to the child support figures proposed, child support can be established through this proceeding without the parties going to court. What if a party does not agree with the numbers proposed in this type of proceeding? The case Richards v. Dept. of Revenue, 3D19-0653 (Fla. 3d DCA June 10, 2020) sheds light on this issue.
Posted by Nydia Streets of Streets Law in Florida Child Support
When a parent wants to change professions or jobs, how does this affect a Florida child support order? Depending on how the change affects the parent’s income, the change may not be sufficient to modify a Florida child support order. This is discussed in the case Gerville-Reache v. Gervielle-Reache, 1D19-1331 (Fla. 1st DCA June 11, 2020).
Posted by Nydia Streets of Streets Law in Florida child support
Do you need to file a motion for rehearing in your Florida child support case? This was an issue in the case Delgado v. Morejon, 5D19-1618 (Fla. 5th DCA May 1, 2020) in addition to the former husband’s complaint that the trial court committed error in striking his pleadings.
Posted by Nydia Streets of Streets Law in Florida child support
What happens when a parent refuses to pay child support in Florida? The parent could be held in contempt of court and sentenced to jail in extreme cases. In Pace v. Pace, 5D18-2343 (Fla. 5th DCA May 1, 2020), the appellate court reviewed the case of a father who contested the trial court’s finding of contempt against him.
Posted by Nydia Streets of Streets Law in Florida Child Support
When a child is born as a result of an extramarital affair, complications may arise with regard to paternity of the child. In the case Fla. Dep't of Revenue v. Ashby, 5D19-1244 (Fla. 5th DCA April 17, 2020), the biological father of a child born outside of wedlock requested that the court dismiss a petition for child support filed against him, likely on the basis that the mother’s husband was the legal father of the child.
Posted by Nydia Streets of Streets Law in Florida Child Support
In addition to Florida child support, parents can be ordered to pay a certain percentage of uncovered medical expenses. This percentage is usually calculated under the Florida child support guidelines. When a parent fails to pay his or her share of these additional expenses, the parent may be held in contempt of court and forced to pay the other parent’s attorneys’ fees and costs. This issue arose in the recent appellate case Johansson v. Johansson, 4D19-2661 (Fla. 4th DCA April 1, 2020).
Posted by Nydia Streets of Streets Law in Florida Child Support
After an administrative child support order is entered in Florida, a party may choose to file a paternity action to establish timesharing. When that happens, a modification of the child support may be required based on the timesharing schedule ordered. Since the Department of Revenue is involved in administrative child support proceedings, it has an interest in the separately filed paternity action. This is illustrated in the case Boukzam v. Jugo, 4D19-1240 (Fla. 4th DCA March 18, 2020).
Posted by Nydia Streets of Streets Law in Florida Child Support
Entry of an income withholding order in Florida for child support or alimony is customary and generally required. Even if the parties agree for payment to be made directly from the obligor to the obligee, the court is still usually required to enter a delayed income withholding order which allows enforcement of support to be handled via the State Depository if a parent is late with payments. In Moore v. Holton, 2D19-3098 (Fla. 2d DCA March 18, 2020), a second appeal was taken regarding the trial court’s entry of an income withholding order.
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.
