Posted by Nydia Streets of Streets Law in Florida Child Support
Florida Statute Chp. 409.2563 outlines the procedure for a Florida administrative child support proceeding. Participation in this proceeding addresses only child support unless the parents agree otherwise. If a parent disagrees with the proposed child support amount, according to this chapter, “The parent from whom support is being sought may, within 20 days after the date of mailing or other service of the proposed administrative support order, request a hearing by filing a written request for hearing in a form and manner specified by the department.”
Posted by Nydia Streets of Streets Law in Florida Child Support
Does a Florida court have jurisdiction to modify a foreign child support order? This issue is governed by the Uniform Interstate Family Support Act (UIFSA). It has specific provisions that allow (or do not allow) a Florida court to modify a foreign child support decree. This was an issue in the case Bravo v. Johnson, 1D2024-1057 (Fla. 1st DCA November 13, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Support
Florida administrative child support cases are largely handled by mail, but either the custodial parent or the parent who is to pay support can request a hearing during the process, so long as requested by the deadlines imposed by the process. Failure to request a hearing or otherwise cooperate in the proceeding can result in the entry of a child support order with which a parent may not agree. This was an issue in the case Aguilar v. DOR, 6D2023-2846 (Fla. 6th DCA November 1, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Support
When a parent is alleged to be underemployed, for purposes of calculating child support, the parent can be imputed to a higher income. Imputation is a two-step analysis which requires the court to make findings about (1) whether the parent's underemployment was voluntary (absent a finding of fact by the court of physical or mental incapacity or other circumstances over which the parent has no control), and (2) if so, the calculation of imputed income (which involves analysis of the employment potential and probable earnings level of the parent shall be determined based upon his or her recent work history, occupational qualifications, and prevailing earnings level in the community if such information is available. A.A. v. M.A., 2D2023-0676 (Fla. 2d DCA November 1, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Support
How important is a Florida child support guidelines worksheet? If one is not attached to the final judgment, the judgment is likely to be reversed on appeal. This was an issue in the case Rouson v. DOR, 2D2024-0107 (Fla. 2d DCA October 16, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Support
Must a Florida family law court assign the dependency tax exemption to one parent or the other in conjunction with ordering child support and/or time-sharing? This was an issue in the case Frank v. Frank, 4D2023-1167 (Fla. 4th DCA October 2, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Support
In an administrative child support proceeding, paternity is not disputed. This means if a father who is requested to participate in this type of proceeding alleges he is not the biological father of the child, this issue will not be considered by the administrative judge. This was an issue in the case Love v. DOR, 3D24-341 (Fla. 3d DCA September 18, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Support
What can be done if a parent disagrees with a Florida administrative child support order? Depending on what stage the proceeding is in, there may be a few options. This was an issue in the case Fernandez v. DOR, 3D24-158 (Fla. 3d DCA September 18, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Support
When imputing income to a parent who is underemployed or unemployed, what factors must a Florida child support court consider? This was an issue in the case Campbell v. Jara, 2D2023-1795 (Fla. 2d DCA August 23, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Support
Responding to a Florida administrative child support proceeding is important to preserve your rights. Administrative proceedings are handled without a hearing and usually notice of the proceeding is sent by mail. There are important deadlines to follow to ensure the appropriate child support amount is calculated. This was an issue in the case Chavez v. DOR, 3D24-0265 (Fla. 3d DCA August 21, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Support
When parents separate, reshuffling of finances may occur since the parties may live in two separate households. If a parent is using assets to pay living expenses, can this be considered income for purposes of calculating a child support obligation? This was an issue in the case Delosreyes v. Delosreyes, 4D2023-1324 (Fla. 4th DCA July 24, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Support
Administrative child support proceedings in Florida have a specific procedure to follow. What happens if either party is not satisfied with the result of the proceeding? The answer depends on which party wants to challenge the result. This was an issue in the case White v. DOR, 1D2023-1210 (Fla. 1st DCA July 3, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Support
Failure to attach child support guidelines to or to reference them in a Florida family law judgment may render the judgment voidable. This is because the guidelines are necessary for future reference in case the parties need to modify the child support amount, or someone challenges a judgment. This was an issue in the case Stellato v. Stellato, 4D2022-3080 (Fla. 4th DCA May 8, 2024).
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.
