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
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
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
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
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
Can post-judgment interest be awarded on retroactive child support in Florida? A recent appellate case clarifies this issue.
Posted by Nydia Streets of Streets Law in Florida Child Support
How can a parent obtain child support in Florida? The filing of a petition for child support is sufficient in most cases, and can be done independently by the parent or through the State of Florida if the parent has applied for child support services through the Department of Revenue. Dismissal of a petition for child support was an issue in the case Spann v. Payne, 1D2022-3195 (Fla. 1st DCA December 13, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Support
A party who hides income or assets to avoid paying support or splitting assets in a Florida divorce may find themselves on the losing end of assets later. For example, someone who purchases property in the name of a third party to avoid legal obligations runs the risk that the property will ultimately belong to the third party despite proof of payment. This was an issue in the case Perry v. Turner, 2D22-119 (Fla. 2d DCA June 30, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Support
The Florida child support guidelines are a starting point for the court to decide child support. Florida Statute Chp. 61.30 states how child support is calculated and what needs to be considered. This includes deductions from gross income that must be made in determining each parent’s net income. This was an issue in the case Velasco v. Solley, 4D22-2494 (Fla. 4th DCA April 5, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Support
When child support is calculated in Florida, net incomes are used to determine the support amount. Net income is determined by subtracting from gross income certain statutorily-mandated deductions such as taxes, health insurance premiums, mandatory union dues, and more. The calculation of net income was an issue in the case J.H.M. v. E.A.G., 2D20-2924 (Fla. 2d DCA April 5, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Support
What can I do if I am not happy with an administrative child support order entered in Florida? An administrative child support proceeding is handled via mail, but a party can request a hearing. If an order is ultimately entered which a party disputes, there is a process within the administrative rules that allows for appeal. This was an issue in the case Lawson v. DOR, 4D22-1797 (Fla. 4th DCA February 22, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Support
A millionaire who is ordered to pay child support in Florida may not be subject to the same child support guidelines as cases in which parents earn less money. This is because Florida law states a child’s need is only one factor the court must consider in determining child support. A parent who is wealthy can afford a certain standard of living that the child should be able to share in, according to Florida law. This was an issue in the case A.G.W. v. C.L.C., 2D22-126 (Fla. 2d DCA February 17, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Support
What is retroactive child support in a Florida family law case? This is support that a court awards dating back to the date the parties no longer lived together or no more than two years prior to the date a petition for support is filed. The court determines how much support should have been paid during this period and orders the party responsible for support to pay it going forward, in addition to any ongoing amount of child support. Retroactive support was an issue in the case McGill v. McGill, 2D22-443 (Fla. 2d DCA February 10, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Support
Sometimes, a parenting plan is not clear on what expenses should be shared between parents outside of child support. Florida parenting plans include a designation of who makes decisions regarding the children’s education and health. They also usually include a split of who will pay for services related to these matters. When a parenting plan says the parents will split financial responsibility for “educational” expenses, does this include tutoring programs outside of school curriculum? This was an issue in the case T.W. v. T.H., 2D21-1069 (Fla. 2d DCA January 20, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Support
Can child support ordered in another state be modified in Florida? Yes, under certain conditions. Modification in Florida can occur if there is a substantial change in circumstances, and there is personal jurisdiction over the party against whom modification is sought. Modification of an out-of-state child support order was an issue in the case Varchetti v. Varchetti, 4D22-438 (Fla. 4th DCA January 18, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Support
When parties sign a settlement agreement in a Florida family law case and then ask the court to ratify the agreement by order, the parties are voluntarily asking the court to uphold an agreement they reached. What if a party feels there was a mistake in the agreement? Can that party file a motion to set aside the agreement and subsequent order of ratification? This was an issue in the case Gjokhila v. Seymour, 1D21-1613 (Fla. 1st DCA October 6, 2022).
Posted by Nydia Streets of Streets Law in Florida Florida Family Law Procedure
When a parent owns a business and therefore has fluctuating income, how is this taken into account in calculating child support in Florida? Since net income is required in this calculation, consideration must be given to business expenses incurred. This was an issue in the case Brown v. Norwood, 5D21-385 (Fla. 5th DCA August 5, 2022).
