Posted by Nydia Streets of Streets Law in Florida Child Support
When a parent is fired from a job for misconduct, this may be considered voluntary unemployment for purposes of calculating child support in Florida. Imputation of income to a parent in Florida is a two-step consideration which involves presenting evidence that: (1) The unemployment or underemployment is voluntary; and (2) Identifies the amount and source of the imputed income, through evidence of income from available employment for which the party is suitably qualified by education, experience, current licensure, or geographic location, with due consideration being given to the parties’ time-sharing schedule and their historical exercise of the time-sharing provided in the parenting plan or relevant order. See Damask v. Ryabchenko, 4D20-2649 (Fla. 4th DCA October 27, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Support
If a parent has re-married, is the new spouse’s income considered in calculating child support? Most times, a parent who has re-married shares household expenses with the new spouse. A parent who has remarried will fill out a financial affidavit which may indicate a deficit after listing all monthly expenses and income. The deficit might be the new spouse’s share of household expenses. Is this spouse’s payment of these expenses considered income to the parent who has a child support case pending? This was an issue in the case Nadeau v. Reeves, 4D21-1731 (Fla. 4th DCA October 20, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Support
How important are child support guidelines in a Florida paternity case? The Florida child support guidelines are used to calculate what is considered an appropriate level of financial support for children in Florida, taking into account the incomes of the parents, health insurance premiums for the children, daycare costs, and the time-sharing schedule, among other matters. The case Minus v. Brockman, 4D21-1615 (Fla. 4th DCA October 6, 2021) involves a missing child support guidelines worksheet.
Posted by Nydia Streets of Streets Law in Florida Child Support
When there are inconsistencies in a Florida family law order, a party might decide to file a motion for clarification. A motion for clarification asks the court to clear up any unclear parts of an order so everyone knows what their rights and obligations are under an order. A motion for clarification was the subject of the case Ager v. Berger, 5D20-1545 (Fla. 5th DCA September 10, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Support
What is judgment on the pleadings in a Florida family law case? This is a motion that tests the legal sufficiency of a petition when there is no dispute as to the facts of the case. If this motion is granted, this means the court agrees that the petitioner has failed to allege relief the court can grant on the facts of the case. In Hilbrands v. Hilbrands, 2D20-1325 (Fla. 2d DCA May 14, 2021), the appellate court considered the appeal of a judgment on the pleadings regarding a request to modify child support and alimony.
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
As stated in the case Coffy v. Coffy, 4D19-3652 (Fla. 4th DCA April 28, 2021), “It is well-established under Florida law that parents cannot contract away their children’s right to support.” This means parents cannot agree that no child support will be paid when the Florida child support guidelines show support should be paid. In the Coffy case, the appellate court analyzed whether an agreement between the parties to transfer equity in a home to the former wife in lieu of monthly child support payments was appropriate.
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
Florida Statute Chp. 61.30 establishes the method by which a court is to calculate Florida child support. Many considerations go into calculating child support such as daycare and health insurance expenses, as well as deductions due to each parent in arriving at their respective incomes. The case Moody v. Moody, 1D20-778 (Fla. 1st DCA May 11, 2021) illustrates what happens when the Florida Statutes are not followed in calculating child support.
Posted by Nydia Streets of Streets Law in Florida Child Support
For how long must income be reduced for a parent to qualify for a modification of child support in Florida? Under Florida law, in order for child support to be modified, there must be a showing of a substantial, material and permanent change in circumstances. For a change to be considered “permanent”, it usually must be more than some months, and not due to seasonal changes in income. This issue was explored in the case Arrington v. Arrington, 1D20-729 (Fla. 1st DCA April 20, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Support
Sometimes, even though a parenting plan says one parent has majority time-sharing and the other parent will pay child support, circumstances change, and the parent ordered to pay support may have full custody of the children because, for example, the other parent voluntarily leaves the children with the the parent or other circumstances arise. This was the case in Carmack v. Carmack, 5D20-297 (Fla. 5th DCA April 9, 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
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.
