Posted by Nydia Streets of Streets Law in Florida Child Support
Calculating child support in Florida requires analysis of more than just the parent’s incomes. The court must also consider what statutory deductions are due to each parent, how much is paid for daycare, and how much is paid for health insurance for the children. In Johnson v. Johnson, 4D20-504 (Fla. 4th DCA March 24, 2021), the former wife appealed, among other matters, the trial court’s calculation of child support and the court’s designation of which parent’s address would control when choosing a school for their child.
Posted by Nydia Streets of Streets Law in Florida Child Support
Failing to appear at your Florida family law case hearing can have a negative impact on the relief you want in your case. This may also be true when it comes to failing to timely respond to court documents. A party may have learned this the hard way in the case Castro v. Fla. Dep't of Revenue, 1D20-981 (Fla. 1st DCA March 18, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Support
Should income be imputed to a spouse who stays home to raise children in a Florida divorce? The answer depends on the history of caretaking in the household and/or if the parties agreed a spouse should stay home to care for the children. This was an issue in the case Wilkins v. Wilkins, 1D20-1908 (Fla. 1st DCA March 17, 2021).
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 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
In a Florida administrative child support proceeding, the parties have the ability to have child support calculated without going to court. If a parent objects to the proposed child support amounts, however, that parent can request a hearing and a judge will resolve any disputes. If a parent does not show up to that hearing, a judge might make decisions in his or her absence. Such was the case in Fla. Dep't of Revenue v. Carreira, 1D20-1086 (Fla. 1st DCA January 15, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Support
How long does it take to establish paternity in Florida? The answer depends on what issues are disputed in the case - if parties do not agree on time-sharing, for example, this may mean lengthy litigation. Disputes over calculation of child support can also take time. In the case D.H. v. J.H., 2D19-3968 (Fla. 2d DCA January 20, 2021), the parties were involved in a paternity lawsuit for more than two years.
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
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
Does a parent get a reduction for child support in Florida for child support paid for other children? The answer depends on many factors such as whether or not the support for the other children is court ordered, whether the other children are older are younger and whether a proceeding is for establishment versus modification of support. A father sought credit for two older children of whom he had custody when child support was calculated for his younger child in the case Robbins v. Kerns, 1D20-1310 (Fla. 1st DCA December 10, 2020).
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
When a parent is laid off from work what happens to his or her child support obligation? A change in income which is involuntary may be a basis for a Florida court to modify child support. But the fact that a parent loses his or her employment involuntarily does not mean he or she automatically qualifies for a reduction of support. Further analysis is required regarding the parent’s efforts to become re-employed. This was at issue in the case Gerville-Reache v. Gerville-Reache, 1D19-1331 (Fla. 1st DCA October 23, 2020).
Posted by Nydia Streets of Streets Law in Florida Child Support
When applying the Florida child support guidelines to a case, a Court must examine each parent’s net income. Florida Statutes, Chp. 61.30 indicates what deductions a parent is entitled to claim in arriving at his or her net income. One such deduction is the parent’s health insurance premium. But what about health insurance premiums a parent pays for other people in his or her household? This was an issue in the case Sylvester v. Sylvester, 5D19-2889 (Fla. 5th DCA October 9, 2020).
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
Modifying child support in Florida may occur because of increased expenses for a child. As a child grows older, he or she may need additional funds to support extracurricular activities, tutoring, food, and other living expenses. In Gore v. Smith, 3D19-1947 (Fla. 3d DCA July 29, 2020), an appeal concerning a modification of child support was at issue.
Posted by Nydia Streets of Streets Law in Florida Child Support
Can child support be ordered past age 18 in Florida? The Florida Supreme Court has held “Generally, the obligation of a parent to support a child ceases when the child reaches majority, but an exception arises when the child is, from physical or mental deficiencies, unable to support [herself].” Perla v. Perla, 58 So. 2d 689, 690 (Fla. 1952). In the recent case Fernandez v. Fernandez, 3D20-104 (Fla. 3d DCA August 5, 2020), an adult dependent child petitioned the court for support from her father.
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
If a parent who is ordered to pay child support has other children after the support order is entered, is that a basis to modify child support in Florida? If a parent is seeking a decrease in child support, Florida law generally states that modification cannot be based on after-born children. However, if a parent is seeking to increase the other parent’s child support payments, the after-born child may be asserted as a reason to deny modification or at least to grant a deviation from the Florida child support guidelines in the paying parent’s favor. This was an issue in the case Reed v. Fla. Dep't of Revenue, 1D19-3833 (Fla. 1st DCA August 6, 2020).
Posted by Nydia Streets of Streets Law in Florida Child Support
When a parent fails to exercise time-sharing in accordance with a Florida parenting plan, that parent may be at risk of having his or her child support obligation retroactively increased starting from the date the parent stopped regularly exercising his or her time-sharing. But what happens when there is a typo in the parenting plan regarding the amount of overnights spent by the parent paying child support? This was at issue in the case Coriat v. Coriat, 3D19-904 (Fla. 3d DCA July 8, 2020).
