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
How long does a parent have to enforce child support arrears owed? Child support arrears are considered vested property rights which are not subject to modification. But if a parent waits too long to enforce payment of arrears, he or she may run into the defense of laches. This was an issue in the case Holley v. Erwin-Jenkins, 2D22-2561 (Fla. 2d DCA August 23, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Support
What is a delayed income withholding order in Florida? Parties can agree that child support may be paid directly from one parent to the other, rather than payments being processed through the state’s Central Depository. They can also agree that a delayed income withholding order is entered that specifies if a parent is ever late on making payment, the income withholding order will go into effect so that direct payments are cancelled and the Central Depository monitors payments. This was an issue in the case M.D. v. T.T., 2D22-2335 (Fla. 2d DCA July 21, 2023).
Posted by Nydia Streets of Streets Law in Florida Divorce
When a parent from whom child support is sought in Florida pays court-ordered child support for another child, the support paid for the other child must be deducted from the parent’s income in calculating support for the current child. This is because that income is not available to the parent if he or she is paying it for another child. Whether or not a court will consider support paid for another child depends on if the payments are actually being made. This was an issue in the case Dep't of Revenue v. McMullen, 1D20-6 (Fla. 1st DCA February 12, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Support
Florida child support arrears accrue when a parent who is ordered to pay child support fails to pay as ordered. Retroactive child support in contrast, is support that is determined to be owed during a period of time when a parent was not ordered to pay child support, but is nonetheless required to pay because the parents were separated during the period of non-payment. The case Lockwood v. Lockwood, 2D19-1254 (Fla. 2d DCA December 16, 2020) examines how far back a court can go in determining a parent’s arrearages when a temporary support order is entered.
Posted by Nydia Streets of Streets Law in Florida Child Support
Can parties agree to have a parent pay less than the Florida child support guidelines state? Under Florida law, child support is a payment that belongs to the child which is paid to the custodial parent as a trustee. In the case Newman v. Newman, 2D19-1672 (Fla. 2d DCA October 23, 2020), the former husband alleged he had an agreement with the former wife not to pay child support despite a court order requiring him to do so.
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 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 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 Support
Calculating child support in Florida is controlled by Florida Statute 61.30. The Statute goes over the type of income that will be considered in calculating support as well as any discretion the court has in adjusting the child support guidelines. The Florida child support guidelines are based on the net incomes of the parents, any daycare or medical insurance premiums being paid as well as a threshold amount of overnight timesharing being exercised by the parents.
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
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.
