Miami family law attorney blog
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Child Support
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 Custody and Florida Child Support
Once a Florida parenting plan has been entered, generally, a parent cannot move more than 50 miles from his or her current residence without a court order or the written permission of the other parent. This rule is likely in place to avoid the disruption to a time-sharing schedule that is sure to occur if a parent moves too far away. However, even moving within this mileage limit can disrupt the time-sharing schedule, and this may form a basis for modification of a parenting plan. This was an issue in the case Seith v. Seith, 4D21-556 (Fla. 4th DCA March 2, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Support
Is a parent required to pay private school tuition in addition to child support in Florida? While generally, there is no obligation to put children in private school, a parent may be required to pay private school tuition if certain findings are made by the court. This was an issue in the case Boulos v. Boulos, 3D21-476 (Fla. 3d DCA February 9, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Support
When a party wins an appeal in a Florida family law case, what happens next? The appellate court usually issues instructions to the trial court in its order. At that point, “the trial court’s role is ‘purely ministerial, and its function is limited to obeying the appellate court’s order or decree.’” J.M. v. A.J.D., 3D20-1118 (Fla. 3d DCA January 12, 2022) (citing Torres v. Jones, 652 So. 2d 893, 894 (Fla. 3d DCA 1995)).
Posted by Nydia Streets of Streets Law in Florida Child Support
When a party lives outside of Florida, and there is a request to impute income to that party for purposes of calculating child support, will the court use Florida salary standards or the salary standards of the state in which the party actually lives? This was an issue in the case Gillespie v. Holdsworth, 2D20-3429 (Fla. 2d DCA January 19, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Support
Florida child support guidelines can include child care expenses necessary to support a parent’s work hours. The guidelines apportion to each parent their share of responsibility for child care payments, in addition to the base support amount. When calculating support for more than one child, it is necessary to include a schedule of reduction of child support once the oldest child is no longer eligible for support. In doing so, it is necessary to remove from the calculation current child care obligations. This was an issue in the case J.T.K. v. Dept. of Revenue, 2D20-2238 (Fla. 2d DCA January 19, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Support
When a couple divorces, it can be expected that one or both may end up in a new relationship. How does a new relationship, especially one in which a former spouse and a new partner are living together, affect Florida child support payments? This was an issue in the case Sunderwirth v. Sunderwirth, 2D20-2567 (Fla. 2d DCA January 5, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Support
A parent who voluntarily quits a job may be faced with imputation of income in a Florida child support case. Imputation means a court treats a parent as if he or she were making a certain level of income even if that parent is earning less. It is seemingly meant to encourage parents to maintain their historic earning levels so that children receive the full amount of support to which they are entitled. Imputation was an issue in the case Gillespie v. Minning, 2D20-3430 (Fla. 2d DCA November 3, 2021).
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.
