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.
Posted by Nydia Streets of Streets Law in Child Support
What type of income is credited to a parent in calculating Florida child support? The answer is, pretty much all income. As illustrated in the case Schafstall v. Clifford-Schafstall, 211 So.3d 1108 (Fla. 2017), payments made toward living expenses by a third party on behalf of a parent can be credited to a parent for purposes of calculating child support.
Posted by Nydia Streets of Streets Law in Child Support
A general rule followed in Florida family law cases is that you must put the other party on notice as to what relief you are seeking before that relief can be granted. Therefore, a Florida family court can only consider at trial those issues which were properly raised by the parties in their pleadings or those issues the parties agreed to try by consent.
Posted by Nydia Streets of Streets Law in Child Support
Until what age can a parent be obligated to pay child support in Florida? Generally, once a child turns 18, a parent is no longer responsible for paying support, with some exceptions. In the case Garcia-Lawson v. Lawson, 211 So.3d 137 (Fla. 4th DCA 2017) we review a former wife's appeal of a final judgment denying her request for retroactive child support over three years after the parties' child turned 18.
Posted by Nydia Streets of Streets Law in Child Support
When child support is calculated based on the amount of overnights each parent spends with the child(ren), a change in the overnight schedule may result in modification of the child support payments. This was examined in the appellate case Knight v. Knight, 208 So.3d 1278 (Fla. 1st DCA 2017) in which the court considered the father's challenge to a modification of his child support obligation, retroactive to the date he stopped exercising his court-ordered equal time-sharing.
Posted by Nydia Streets of Streets Law in Child Support
As ex partners move on after the break up of a relationship, moving on may include having more children after a child support obligation has already been established by court order. Many wonder how a child support obligation will be affected by the subsequent-born children.
Posted by Nydia Streets of Streets Law in Child Support
While Florida child support calculations are, in a way, "no nonsense" since they are based on a mathematical formula, there is still room for variation based on the particular financial circumstances of each party. Knowing how to ask the court for a deviation from the child support guidelines is the first step.
Posted by Nydia Streets of Streets Law in Child Support
The calculation of Florida child support involves examination of the incomes of both parents and the deductions allowable to each in arriving at their respective net incomes. What types of income are considered in calculating child support, along with deductions available to each parent, is a comprehensive list.
Posted by Nydia Streets ofStreets Law in Child Support
After an order for Florida child support is entered, if a parent changes employment or loses his/her employment, it may be necessary to modify the child support amount. How do you know if you qualify for modification of child support in Florida?
Posted by Nydia Streets of Streets Law in Child Support
As if the threat of jail time, suspension of a driver’s license and suspension of a professional license weren’t enough, a parent who owes Florida child support also faces the possibility of a bad credit score for failure to pay support.
Posted by Nydia Streets of Streets Law in Child Support
When a parent who owes Florida child support won’t pay, what’s the other parent to do? If the parent who owes support has a professional license or certificate, one remedy may be to petition a Miami child support court to suspend that license or certificate.
Posted by Nydia Streets of Streets Law in Child Support
Florida child support laws provide many ways to enforce a child support order that cause inconvenience to the delinquent parent in order to coerce payment. One of those ways is suspension of the driver’s license of the parent who refuses to pay past-due child support.
Posted by Nydia Streets of Streets Law in Child Support
Garnishment of wages for payment of Florida child support or alimony is an attractive option for both payors and recipients of support because of convenience. Let’s look at the pros and cons of these types of order for both the payor and the payee.
Posted by Nydia Streets of Streets Law in Child Support
“What do I do if my ex is about to leave the state to avoid paying alimony or child support?” This is a question many have once their support order is entered and they want to make sure the party ordered to pay does not skip town to avoid paying. Florida law provides a remedy in this situation.
