Fort Lauderdale Divorce Lawyer Blog

Parents filing to establish or modify child support has increased the burden on Florida's marital and family law court system. Child support hearing offices have been working overtime. Unfortunately, the court system can not deal with the increased demand without more employees. However, this seems unlikely given budget cuts in the state of Florida.

A parent in Broward that is trying to establish child support may have to wait up to six months for a hearing. In addition, parents requesting a modification of child support because of wage cuts or unemployment may have to wait up to three months for a hearing. In Florida, child support modification cases, specifically downward modifications, have increased by 50% since 2006. Broward Circuit Court Judge Susan Greenhawt who hears marital and family law cases including, but not limited to, divorce and paternity, believes that these type of cases really need to be heard since generally there is a contempt motion pending at the same time.

In some cases, individuals are unable to afford to hire a child support lawyer in Fort Lauderdale and proceed on their own. They use online forms, question the clerks and often forget important documents at their hearing. At the hearing, they often ask the court to appoint a lawyer since they can not afford one. Unfortunately, they have to do the best they can and often have their cases dismissed until they can present their case properly.

You may be required to hire a Fort Lauderdale divorce lawyer to enforce your child support award through civil contempt. Civil contempt sanctions are utilized by the marital and family law court to compel compliance with a court order and used to compensate the moving party for losses sustained by the contemnor's willful failure to comply with a divorce court order or judgment that requires him or her to pay child support.

One of the sanctions that a Fort Lauderdale divorce attorney may request is to revoke a delinquent obligors drivers license and motor vehicle registration as a sanction in order to compel payment of your child support. If the court orders incarceration, a coercive fine or any other coercive sanction for failing to pay child support, it is required that conditions be set to purge the contempt, based upon the obligors present ability to pay or comply. Accordingly, the sanction of a driver's license suspension requires the Florida marital and family law court to find a present ability to pay any purge amount set by the court.

When your Broward divorce lawyer files a petition for dissolution of marriage or paternity, there will be a request for child support in their are child related issues such as shared parental responsibility, time-sharing, a parenting plan and child custody involved. A divorce lawyer in Pembroke Pines, Hollywood, Weston or Cooper City can request that the court award health insurance for your child, life insurance to secure the child support award, child support pursuant to the child support guidelines, out-of-pocket and uncovered medical expenses and the cost of private school.

In order to for the Broward marital and family law court to require the payment for the cost of private school expenses as part of the child support award, this must be plead in your petition by your Fort Lauderdale divorce attorney. The court may order the payment for private educational expenses if it finds that a parent has the ability to pay for private school. In addition, private school must be an expense that is in accordance with the family's customary standard of living and in the child's best interest.

Peter Loftin, owner of the former Gianni Versace mansion on South Beach, Casa Casuarina, has been served with a paternity lawsuit by a former Miami Dolphins cheerleader. The lawsuit was filed on June 5, 2009 in the Miami-Dade county marital and family law court. The case is assigned to Miami-Dade Circuit Court Chief Judge Joel H. Brown, who presides over child support, divorce, alimony and paternity cases south of Fort Lauderdale.

Any woman who is pregnant or who has a child, any man who has reason to believe that he is the father of a child or any child may file a paternity action in circuit court to determine the paternity of a child when paternity has not previously been established. The court can require the child, mother and alleged fathers to submit to DNA testing that are generally acceptable within the scientific community to show a probability of paternity. The DNA test is conducted by a qualified technical laboratory.

A Final Judgment of Paternity generally will address child support, including but not limited to, a monthly amount, uncovered and out-of-pocket medical and dental expenses, hospital and medical expenses, costs of confinement, bills for pregnancy and child birth and any other expenses incident to birth. In addition, a Final Judgment of Paternity may also address shared parental responsibility, time-sharing schedules and a parenting plan so that both parents can have a meaningful relationship with the minor child.

What happens if the Fort Lauderdale divorce judge has ordered you to make alimony or child support payments and you no longer can pay the amount? Do not neglect your payment obligation. Go back to the Broward County divorce court and file a petition for a downward modification of your child support and/or alimony. Whether you are paying child support or temporary, rehabilitative or permanent alimony, if you stop making payments, the marital and family law judge in Fort Lauderdale may hold you in contempt of court which means you could end up behind bars at the Broward County jail.

With the economy the way it is today, a number of spouses are finding it exceedingly difficult to make their payments. If you are the payor spouse and you are making less money than you were at the time of your support determination, you may have legal grounds to petition the court for a downward modification. If you are the receiving spouse it is wise to draft a new agreement with your ex detailing the percentage of downward modification and the length of time this modification will be in effect. Both parties should consult their attorneys and come up with a modification agreement so that the children and the parents are financially stable.

The statutory grounds for modification of alimony are found in section 61.14(1) of the Florida Statutes. When the parties enter into an agreement or the court orders alimony payments, and sometime later the financial ability or the circumstances change then either spouse may request the court for modification of alimony or child support payments. The party who petitions for a change in alimony must show that a substantial change has occurred. Showing a reduction in the payor's income alone will not justify modification. The change must be involuntary and there must be no other funds in the payor spouse's possession that could be used to keep current with the alimony obligation

The statutory grounds for modification of child support and alimony are found in section 61.13(1)(a) and section 61.14(1) of the Florida Statutes. Either party may apply for modification of the court-ordered or agreed to child support award whenever the financial circumstances of either party changes substantially or the child, who is a beneficiary of the agreement or court order, reaches majority. The party who petitions for downward modification of child support must be prepared to prove that a substantial change in the circumstances has occurred. "Substantial" means significant, involuntary and permanent.

In Anderson v. Department of Revenue, the Fourth District Court of Appeals reversed a Broward County, Florida divorce court decision holding an indigent father in contempt of court for his failure to pay child support and for setting a purge of $5,000.00. Judge Alfred J. Horowitz, a divorce judge in Fort Lauderdale, Florida ordered Mr. Anderson to pay $5,000 in child support arrears within 48 hours to avoid jail time. Mr. Anderson timely appealed Judge Horowitz's order to the Fourth District Court of Appeals because he was indigent; and therefore, would not be able to make the immediate $5,000 payment. The trial court determined that Mr. Anderson was indigent purposes of his appeal.

Mr. Anderson was in child support arrears over $50,000. Even though he owed a substantial amount of money, the Fourth District Court of Appeals held that the trial court committed reversible error in finding Mr. Anderson in contempt of court and thereafter determining that he was indigent for the purposes of the appeal. The Court reasoned that the finding of indigent status evidenced an inability to pay the $5,000.00 purge.

When a party is requesting that a court find an obligor in indirect civil contempt of court, incarceration cannot be used as a means to seek compliance with the court order when the contemnor does not have the present ability to purge himself of contempt. The contemnor must have the key to the jailhouse door.

In Rose v. Rose the Fourth District of Appeals recently reviewed a Final Judgment of Dissolution of Marriage entered by Judge Renne Goldenberg, a divorce judge in Fort Lauderdale, Florida. The father appealed the trial court's order granting the mother's request for an extension of the father's child support obligation until their daughter graduated from high school. The Fourth District Court of Appeals reversed the decision of the trial court located in Broward County, Florida.

In 1994 when the parties were divorced, they had agreed that the father would pay child support for each minor child until "they reach the age of majority, marry, die, graduate from high school or becomes self supporting, whichever occurs first." Three months before their daughter reached the age of majority, the mother petitioned the court for modification of child support. Because their daughter would turn eighteen while still in high school, the mother requested the court extend the father's obligation until the child graduated from high school. The trial court granted the mother's request and entered summary judgment for her concluding that the child's passage to majority while still in high school constitutes a substantial change not contemplated by the parties.

In order to modify your child support obligation, a party seeking modification must prove that there has been a substantial change of circumstances and must show that this change is significant, material, involuntary and permanent in nature. Here, the parents had specifically contemplated in their marital settlement agreement the time when the father's support obligation would terminate. The Fourth District Court of Appeals did not agree that the parents had failed to contemplate their child reaching the age of majority before graduation when the parties listed this as an event that would terminate the child support obligation. Finally, the court explained that the parent's obligation to support their children is limited to their minority and dependency except as provided for in Florida Statute, § 743. 07(2).

Florida Statute, § 734. 07(2) authorizes support for dependent children beyond the age of eighteen years old when such dependency is because of a mental or physical incapacity which began prior to the child reaching majority age. Or, if the person is dependent in fact, is between the ages of 18 and 19 and is still in high school, and performing in good faith with the reasonable expectation of graduation before the age of 19.

An order for child support should track the language of § 743.07, Florida Statutes, and require the payment of child support "until such time as the child reaches age eighteen, marries, becomes self-supporting, or dies, whichever comes first." Generally, the obligor is legally obligated to pay child support until the minor child reaches eighteen, the "age of majority." Irrespective of the statute, the parties may agree to extend the cut off, but must incorporate this agreement into their marital settlement agreement.

In Scarti v Scarti, the Fourth District Court of Appeals recently reviewed a Florida family law court's final judgment of paternity where the father challenged the amount he owed to the mother for retroactive child support. In particular, the father appealed the amount of income that the trial court imputed to the mother. In determining the amount the father had to pay to the mother pursuant to the child support guidelines, the court imputed $2,031 net monthly income to the mother.

The mother had a high school GED. In 2004, she earned between $1,000 and $4,500 a month operating her own landscaping company. She also testified that the most she ever earned in a year was $22,000. Her only other work experience was as a waitress at the age of seventeen and working in her mother's flower shop. Based on her education and prior work history the court imputed $2,031 per month which totals $24,372, more than the mother earned in a given year.

The Fourth District affirmed the imputation of income to the mother in the amount of $2,031 and found that this was not an abuse of discretion.

Income on a monthly basis is imputed to an unemployed or underemployed parent when such employment or underemployment is found by the court to be voluntary on that parent's part, absent a finding of fact by the court of physical or mental incapacity or other circumstances over which the parent has no control. In the event of such voluntary unemployment or underemployment, the employment potential and probable earnings level of the parent shall be determined based upon his or her recent work history, occupational qualifications, and prevailing earnings level in the community as provided in this paragraph; however, the court may refuse to impute income to a parent if the court finds it necessary for the parent to stay home with the child who is the subject of a child support calculation.