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
Sometimes an employer pays living expenses for an employee such as cell phones, vehicles and even rent. The Florida child support guidelines include as a parent’s income in-kind reimbursements from employers insofar as these payments reduce living expenses. This was an issue in the case McDaniel v. McDaniel, 2D20-2845 (Fla. 2d DCA June 15, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Support
Florida child support is calculated under guidelines using both parents’ net incomes (after taxes and certain statutory deductions) and include expenses such as daycare and health insurance premiums. These guidelines must be included with a final judgment, or an order for child support may be reversed on appeal. This was an issue in the case Dorvilien v. Verty, 4D21-1772 (Fla. 4th DCA March 23, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Support
An agreement regarding child support will normally be enforced between the parties. There is generally no time limit on when a party can bring an action to enforce past-due child support, but the other party might be able to raise the defense of laches. In the case Delgado v. Delgado, 3D20-1119 (Fla. 3d DCA May 12, 2021), the court considered a case in which a mother waited until the parties’ child was 40 years old to enforce past-due child support arrears.
Posted by Nydia Streets of Streets Law in Florida Child Support
When a party alleges that a forum chosen by the petitioner in a Florida family law case is inconvenient, the court must analyze factors pronounced in the case Kinney Sys., Inc. v. Cont’l Ins. Co., 674 So. 2d 86 (Fla. 1996). One of the factors to be considered is if an alternate, adequate forum exists. The former husband appealed an order denying his motion to dismiss for forum non conveniens in the case Kusayev v. Kusayev, 4D20-2576 (Fla. 4th DCA April 21, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Support
How is child support calculated in Florida? It is based on the net incomes of the parents. To arrive at the net income, the court subtracts taxes, mandatory union dues, mandatory retirement payments, health insurance premiums and court-ordered support paid in other relationships. In the recent appellate case King v. King, 4D20-0169 (Fla. 4th DCA March 31, 2021), the court reviewed a child support miscalculation.
Posted by Nydia Streets of Streets Law in Florida Child Support
Can a parent be required to pay private school tuition in a Florida child support case? Private school tuition is separate from child support, and whether or not a parent would be required to pay it depends on factors such as whether a parent historically paid it and whether a parent has the ability to afford it. This was an issue in the recent appellate case Maali v. Maali, 5D20-53 (Fla. 5th DCA March 5, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Support
Personal jurisdiction in a Florida family law case refers to the right or power a court has to make decisions affecting a person. The first step to establishing personal jurisdiction over a person is to have that person served with notice of a lawsuit. Without personal jurisdiction, a court lacks the ability to enter orders telling a person to do something or to restrict his or her rights. This was an issue in the case Dep't of Revenue ex rel. T.H.W. v. D.E.B, 2D20-271 (Fla. 2d DCA February 12, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Support
Calculating child support in Florida requires knowledge of the parties’ incomes, the statutory deductions due to each parent, and certain expenses paid for the children such as daycare and health insurance. Findings regarding these matters must usually be contained in a final judgment. The case Buck v. Buck, 2D19-2824 (Fla. 2d DCA November 20, 2020) expounds on this.
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
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
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
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
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 Paternity
When imputing income to an underemployed or unemployed parent, the court must consider certain statutory factors. In Williams v. Gonzalez, 4D19-3659 (Fla. 4th DCA April 22, 2020), the court considered an appeal of a father in a Florida paternity action in which he alleged the trial court committed error in calculating his income and determining the retroactive period.
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
When a party fails to exercise timesharing, and Florida child support is calculated by taking into account the timesharing, support may be modifiable. This issue arose in the appellate case Myers v. Lane, 4D18-3681 Myers v. Lane (Fla. App., 2019) in which the father was found to have abandoned his child.
Posted by Nydia Streets of Streets Law in Florida Child Support
Keeping your own accounting of your Florida child support payments may help you save money and time that could be spent clearing up what are alleged to be delinquent payments. In the appellate case Robinson v. Robinson, 5D17-1109 (Fla. 5th DCA October 3, 2019), the former husband faced three separate appellate cases that centered around an accounting of how much child support he was accused of owing.
Posted by Nydia Streets of Streets Law in Florida Alimony
When a party agrees to pay a certain amount of Florida alimony or child support, and the party subsequently wants to modify the payments to reduce them, is there a heavier burden of proof than when the amount established for support is by court order? This issue arose in the case Knowlton v. Knowlton, 1D18-5131 (Fla. 1st DCA October 1, 2019) in which the former husband appealed an order denying his petition to modify previously agreed-upon spousal support and child support payments.
