Miami family law attorney blog
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Child Support
Posted by Nydia Streets of Streets Law in Florida Child Support
When a child is disabled and deemed dependent, can child support be extended past age 18 in Florida? Generally, the answer is yes, and whether or not this can happen in a case requires specific analysis. The case Skelly v. Skelly, 5D19-3780 (Fla. 5th DCA July 10, 2020) gives some guidance on this issue.
Posted by Nydia Streets of Streets Law in Florida Child Support
When a child will spend significant overnights with each parent as part of a Florida parenting plan, how does this affect child support? Under the Florida child support guidelines, an adjustment to child support is usually warranted for what is referred to substantial overnight time-sharing. A parent must exercise at least 20 percent overnights per year in order to receive a reduction in child support payments. This was an issue in the case Williams v. Bossicot, 4D20-524 (Fla. 4th DCA July 8, 2020).
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
When a parent wants to change professions or jobs, how does this affect a Florida child support order? Depending on how the change affects the parent’s income, the change may not be sufficient to modify a Florida child support order. This is discussed in the case Gerville-Reache v. Gervielle-Reache, 1D19-1331 (Fla. 1st DCA June 11, 2020).
Posted by Nydia Streets of Streets Law in Florida child support
Do you need to file a motion for rehearing in your Florida child support case? This was an issue in the case Delgado v. Morejon, 5D19-1618 (Fla. 5th DCA May 1, 2020) in addition to the former husband’s complaint that the trial court committed error in striking his pleadings.
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 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
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 Child Support
After an administrative child support order is entered in Florida, a party may choose to file a paternity action to establish timesharing. When that happens, a modification of the child support may be required based on the timesharing schedule ordered. Since the Department of Revenue is involved in administrative child support proceedings, it has an interest in the separately filed paternity action. This is illustrated in the case Boukzam v. Jugo, 4D19-1240 (Fla. 4th DCA March 18, 2020).
Posted by Nydia Streets of Streets Law in Florida Child Support
Entry of an income withholding order in Florida for child support or alimony is customary and generally required. Even if the parties agree for payment to be made directly from the obligor to the obligee, the court is still usually required to enter a delayed income withholding order which allows enforcement of support to be handled via the State Depository if a parent is late with payments. In Moore v. Holton, 2D19-3098 (Fla. 2d DCA March 18, 2020), a second appeal was taken regarding the trial court’s entry of an income withholding order.
Posted by Nydia Streets of Streets Law in Florida Child Support
What sources of income are considered in calculating Florida child support? There are not many forms of income that are exempt from consideration in creating Florida child support guidelines. In the case Marenco v. Marenco, 2D18-1664 (Fla. 2d DCA February 7, 2020), the former wife appealed, among other issues, the trial court’s calculation of her gross monthly income.
Posted by Nydia Streets of Streets Law in Florida Child Support
When child support is established by an administrative order in Florida, is it possible to modify the order? This issue came up in the case Mirabella v. Mirabella, 2D18-4219 (Fla. 2d DCA December 18, 2020) in which the husband appealed an order that retroactively modified child support payments ordered to be paid by the wife.
Posted by Nydia Streets of Streets Law in Florida Child Support
When calculating retroactive child support in Florida, it is important that the parties produce evidence of all income during the retroactive period. Under Florida child support laws, a court can order a party to pay child support retroactive to two years prior to the date a petition to establish support is filed. Since income may have increased or decreased during this period, the court may rely on tax returns for the past two years to calculate what support should have been during that period. In the case Jones v. Jones, 1D19-1051 (Fla. 1st DCA December 20, 2019), this issue arose when the former husband appealed his final judgment of divorce.
Posted by Nydia Streets of Streets Law in Florida Child Support
Child support in Florida can be established through a proceeding in which the Department of Revenue (DOR) pursues a case on behalf of a custodial parent owed support. When this happens, DOR petitions the court for an order that obligates the paying parent to pay support to DOR, and DOR in turn disburses the funds to the custodial parent. How much participation is required by the custodial parent in the case? This was an issue in the case Dept. of Revenue v. Rogers, 5D19-1570 (Fla. 5th DCA November 15, 2019).
Posted by Nydia Streets of Streets Law in Florida Child Support
Parties can be ordered to split the costs of uninsured medical expenses for their children in Florida. However, if the terms of the parties’ parenting plan or other agreement puts restrictions on those reimbursements, those restrictions are usually strictly upheld. This is illustrated in the case Neighbors v. Neighbors, 1D18-3582 (Fla. 1st DCA October 24, 2019) in which the former husband appealed an order requiring him to partially reimburse the former wife for their child’s medical bill that was $60,000.00.
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 Child Support
Are expenses paid by an employer considered income for purposes of calculating Florida child support? This question was answered in the case Mikhail v. Mikhail, 2D18-2153 (Fla. 2d DCA September 20, 2019) in which the former husband appealed a Florida divorce court’s order on child support because the court did not take into account the former wife’s automobile expenses paid by her employer.
Posted by Nydia Streets of Streets Law in Florida Child Support
Can a spendthrift trust account be garnished to satisfy a Florida child support order? This question was answered in the case Alexander v. Harris, 2D17-3218 (Fla. 2d DCA May 17, 2019) in which the mother appealed an order denying her motion for contempt against the father who was the beneficiary of a special needs, spendthrift trust and who owed the mother over $90,000.00 in child support arrears.
Posted by Nydia Streets of Streets Law in Florida Child Support
A central and interesting issue in a recent Florida appellate case involved the determination of the former wife’s income in computing Florida child support. In the case Jackson v. Jackson, 1D18-3533 (Fla. 1st DCA July 9, 2019) the former husband contended, among other arguments, that the trial court erred in failing to consider as income for the former wife her non-taxed disability and reemployment assistance payments.
