Articles Posted in Child Support

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Divorce litigation often involves complicated financial issues that require trial courts to carefully identify assets, liabilities, support obligations, and attorney’s fee awards. When required findings are missing or property is improperly classified, even an otherwise thorough final judgment may not withstand appellate review. A recent Florida opinion demonstrates how failures to make sufficient factual findings can affect nearly every aspect of a dissolution proceeding and highlights the importance of preserving such errors for appeal. If you are involved in a high-asset divorce or complex financial dispute, you should speak with a Miami family law attorney to ensure your rights are protected at every stage of the litigation process.

Case History

Allegedly, the parties were involved in a contested dissolution of marriage proceeding that required the trial court to address numerous financial issues, including equitable distribution, temporary support obligations, valuation of a law practice, attorney’s fees, and the characterization of certain investment accounts.

It is alleged that after trial, the court entered a final judgment resolving the parties’ disputes. The judgment valued the husband’s law practice, addressed temporary support arrearages, distributed certain assets and liabilities, awarded attorney’s fees to the wife, and treated a brokerage account that predated the marriage as a marital asset. Continue reading ›

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When parents separate, financial support for children and the division of family property can become some of the most emotionally charged and fiercely contested issues in a divorce. Courts are tasked not only with ensuring that children receive adequate financial support but also with fairly distributing the assets accumulated during a marriage, including items that carry significant sentimental value. A recent Florida decision illustrates how errors in addressing retroactive child support and marital property can require reversal and further proceedings, even after a final judgment has been entered. If you are involved in a divorce or custody dispute and have questions about child support, equitable distribution, or your parental rights, you should speak with a Miami family law attorney as soon as possible to protect your interests.

Case Setting

Allegedly, the parties were married in 2011 and shared one minor child. The husband filed a petition for dissolution of marriage, and the wife responded with a counterpetition seeking related relief.

It is alleged that the parties separated and that the minor child primarily resided with the wife throughout most of the separation period. During the litigation, the wife sought retroactive child support and presented evidence concerning the child’s needs and the husband’s financial circumstances. Continue reading ›

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Child support disputes often extend beyond the question of how much support is owed going forward and look back to periods when one parent provided primary care without a formal support order in place. Florida courts have discretion in awarding retroactive child support, but that discretion narrows significantly when parties enter clear and enforceable agreed orders governing how support issues will be resolved. A recent opinion from a Florida court illustrates how trial courts must honor those agreements and reinforces that child support is a right belonging to the child, not a bargaining chip between parents. If you are litigating child support issues in Palm Beach County or elsewhere in South Florida, consulting with a Miami family law attorney can help ensure that court orders and stipulations are enforced as written. 

Factual and Procedural History

Allegedly, the plaintiff entered the marriage with substantial premarital wealth, and the parties executed a prenuptial agreement before marrying. During the marriage, the parties had two children, and the agreement did not purport to limit or waive child support obligations.

Continue reading ›

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In family law, financial calculations must strictly comply with statutory requirements to ensure fairness and accuracy. When trial courts base support obligations on gross income rather than net income, the result can significantly overstate a parent’s ability to pay. A recent decision from a Florida court highlights this principle, reversing a trial court’s child support determination that improperly relied on gross income figures. If you are involved in a child support dispute in Florida, a Miami family law attorney can help ensure that all income calculations follow the statutory guidelines set forth in Florida law.

Factual and Procedural Background

It is reported that the plaintiff and defendant were involved in dissolution proceedings. The plaintiff operated as a self-employed cosmetologist who rented a salon booth and bore responsibility for her supplies, tools, and licensing. Her federal income tax returns reflected that her reported business income was derived from gross receipts minus ordinary and necessary expenses. In 2019, she reported gross annual receipts of $62,287 with business expenses totaling $21,408, leaving $40,879 in annual business income. Her 2020 return showed a similar pattern, with reported business income after expenses of $29,269. For 2021, her testimony and financial affidavit indicated a gross monthly income after expenses of approximately $3,078.

It is alleged that the trial court concluded that both parties earned roughly equal incomes of about $60,000 per year and therefore determined that neither party was entitled to child support. The plaintiff appealed several of these rulings, challenging the trial court’s treatment of her income and the resulting child support calculations.  She argued, in part, that this finding was inconsistent with the documentary evidence, which demonstrated a significantly lower net income after business expenses and allowable tax deductions Continue reading ›

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In Florida, family law courts must exercise precision and completeness when entering final judgments, especially in matters involving child support and attorney’s fees. Omissions related to stipulated financial obligations or procedural safeguards may warrant reversal on appeal. A recent decision from a Florida court highlights how failure to incorporate stipulated arrearages and to reserve jurisdiction over attorney’s fees can result in partial reversal and remand, even when the underlying dissolution of marriage is otherwise affirmed. If you intend to end your marriage, it is important to understand how to protect your rights, and you should talk to a Miami divorce attorney as soon as possible.

Factual Setting and Procedural Background

It is reported that the parties’ marriage dissolved after the defendant discovered that the plaintiff had relocated to her parents’ residence in New Jersey with the parties’ three minor children. The defendant filed a petition for dissolution, while the plaintiff filed a separate petition seeking permanent relocation of the children to New Jersey. These matters were later consolidated and addressed during a single hearing in the trial court.

Allegedly, the trial court granted the dissolution but denied the plaintiff’s relocation request. It is further reported that during the hearing, the parties, through their counsel, entered a stipulation acknowledging the defendant’s arrearage in child support. The amount of this arrearage appeared in one of the defendant’s own prior filings, identified as a Direct Payment Inquiry Letter submitted a month before the hearing. Despite this, the final judgment stated that the defendant was current in his support obligations under a New Jersey order, directly contradicting the earlier stipulation. Continue reading ›

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In Florida dissolution proceedings involving minor children, accurate and internally consistent child support calculations are essential. The Florida Child Support Guidelines, codified in a section of the Florida Statutes, mandate a structured approach based on each party’s income and time-sharing responsibilities. If a court fails to comply with such guidelines when issuing a support order, there may be grounds for seeking review, as demonstrated in a recent Florida ruling. If you have questions about your rights or obligations with regard to child support, you should consult a Miami family law attorney as soon as possible.

History of the Case

It is reported that the parties participated in a four-day bench trial concerning the dissolution of their marriage and the establishment of child support obligations for their two minor children. The trial court’s final judgment dissolved the marriage, incorporated the parties’ marital settlement agreement, and adopted a parenting plan. As part of the judgment, the trial court ordered the father to pay the mother approximately $400.00 per month in child support until April 1, 2027, at which point the obligation would be reduced to approximately $150.00 per month for the support of one child.

It is alleged that the trial court attached a Child Support Guidelines worksheet to the judgment as required by Florida law. However, the figures in the attached worksheet conflicted with the child support amounts detailed in the final order. Specifically, it is reported that the worksheet table listed the father’s monthly obligation as approximately $150.00 for two children until April 1, 2027, after which it increased to approximately $400.00 for one child until March 30, 2033. This directly contradicted the amounts stated in the final judgment, effectively inverting the payment schedule. Continue reading ›

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Florida’s child support framework is designed to ensure that children receive consistent financial support from both parents based on their ability to pay. Central to this framework is the requirement for both parties to disclose complete and accurate financial information. Courts rely on this data to apply the statutory child support guidelines under section 61.30, Florida Statutes. As discussed in a recent Florida ruling, when the statutory and procedural requirements are met, trial courts have broad discretion in determining child support awards. If you are seeking or contesting child support in Florida, a Miami family law attorney can help ensure compliance and protect your financial interests.

Case Setting

It is reported that the father initiated a paternity and child support action following the parties’ separation. He requested that the court establish paternity, adopt a parenting plan, allocate parental responsibility, and determine an appropriate child support amount. In response, the mother sought child support and joint custody.

It is alleged that both parties filed financial affidavits as required by Florida Family Law Rules of Procedure 12.285. The mother also produced supporting documentation, including pay stubs, W-2 forms, and tax returns. The father challenged the sufficiency of the mother’s financial disclosure, claiming she had failed to comply with mandatory discovery requirements. Continue reading ›

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In Florida, courts are required to calculate child support in a manner that is fair and consistent with statutory guidelines. This includes accurately determining a parent’s income during any applicable retroactive period and ensuring that the final judgment reflects that calculation. A recent Florida case highlights what can go wrong when these requirements are not followed and why it is essential for parties to carefully scrutinize support orders to protect their financial interests. If you have questions about your rights with regard to child support, it is advisable to talk to a Miami child support attorney as soon as possible.

Factual Background and Procedural History

It is reported that the Department of Revenue Child Support Enforcement Program issued a final administrative support order against the father, which included an award of retroactive child support. The administrative law judge was presented with income records showing the father’s actual earnings during the relevant retroactive period.

Allegedly, despite this, the judge based the retroactive support calculation on the father’s current income rather than using the available historical data. The father then challenged the order, seeking a new hearing and corrected order. Specifically, the father argued that the administrative law judge miscalculated the amount owed and failed to attach a required child support guidelines worksheet to the final order. He further stated that the omission of the child support worksheet made it difficult to determine how the court arrived at the support amount. Continue reading ›

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In Florida, child support and timesharing modifications are governed by the principle that changes must reflect the child’s best interests and be supported by evidence of substantial, material, and unanticipated changes in circumstances. As discussed in a recent Florida decision issued in a child support action, the evidentiary burdens in such cases are imposed squarely on the parents seeking such modifications. If you are involved in a dispute regarding child support or timesharing, it is essential to evaluate your options, and you should talk to a Miami child support attorney promptly.

Facts of the Case and Procedural Setting

It is reported that the father appealed a trial court’s order granting the mother’s petition for modification of child support and denying his counter-petition for modification of timesharing. Allegedly, the parties divorced in 2017, and the father was ordered to pay $331.50 per month in child support. In 2021, the mother filed a supplemental petition, asserting that the father’s income had substantially increased, the child’s needs had grown, and the father had not fully exercised his timesharing rights. The father denied these allegations and filed a counter-petition seeking equal timesharing. He argued that his circumstances had materially changed because he had purchased a home with a bedroom for the child and remarried, providing additional support for the child’s care.

Reportedly, a general magistrate reviewed the evidence, including financial affidavits and testimony from both parties. The magistrate determined that the mother demonstrated substantial and material changes in circumstances justifying an increase in child support, while the father failed to meet the burden required for timesharing modification. The magistrate’s recommendations were adopted by the trial court, leading to an increase in the father’s child support obligation to $506.22 per month. The father’s exceptions to the magistrate’s report were denied, and he appealed. Continue reading ›

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Under Florida law, courts and administrative agencies are required to base child support obligations on actual income during the relevant period and to attach necessary documentation to support their findings. If they fail to do so, any child support obligations they impose may be vacated, as demonstrated in a recent opinion in which a Florida court addressed a case where the Department of Revenue miscalculated retroactive child support and failed to include a child support guidelines worksheet with its final order. If you are involved in a child support dispute, it is wise to consult a Miami child support attorney to help you protect your rights throughout the process.

Facts and Procedural History

It is reported that the plaintiff challenged a final administrative support order issued by the Department of Revenue’s Child Support Enforcement Program. Allegedly, the plaintiff argued that the Department miscalculated his retroactive child support obligation by failing to use his actual income during the retroactive period. Florida law mandates that retroactive support be calculated based on the obligor’s actual income for the relevant time frame, using state wage information if available.

Additionally, it is reported that the Department issued its final order without attaching a child support guidelines worksheet. The guidelines worksheet provides a detailed calculation of the obligor’s support obligations based on statutory guidelines, and without it, the accuracy of the Department’s determination could not be verified. The plaintiff argued that this omission made it impossible to ascertain whether the child support award was supported by sufficient evidence. Continue reading ›

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