A couple’s long-running legal battle over child support will run a while longer, as the 3d District Court of Appeal reversed a lower court ruling that would have closed the case. The appeals court instead sent the case back, ruling that the trial court should have heard additional evidence, and…
Articles Posted in Child Support
Jurisdiction Rules Prevent Father From Modifying Child Support in Florida
In today’s world, personal and professional situations often dictate that individuals and families do not stay in one place forever. You may have lived in one state, and within a few years, you, your ex, and your children may have all moved away. When this happens, the rules of jurisdiction…
Marital Settlement Agreements, Child Support, and College Students
For many students who go from high school directly to full-time college attendance, continued financial dependence on their parents is an economic reality. Realizing this, many divorcing parents address what happens to child support in the event that a child goes to college. Understanding exactly what your marital settlement agreement…
Appeals Court Rejects Magistrate’s Use of Personal Experiences and Tax Guide to Modify Husband’s Child Support Obligation
A magistrate judge modified a husband’s child support obligation, in part, due to the magistrate’s own opinions about the wife’s true income as a nail salon worker, in addition to relying on outside sources like an IRS tax guide. Because these were not proper bases for making a determination, the…
Wife’s Child Support Motion Unraveled by Late Filing
A husband succeeded used a procedural basis to persaude the 4th District Court of Appeal that it should revive a reduction of his child support. The appeals court concluded that the husband was correct that the man’s ex-wife’s trial court motion, which sought to reinstated his original, higher support obligation,…
Government Stipend Prevents Parent from Collecting Support for Adopted Child
An ex-husband successfully secured primary physical custody of the four children he shared with his ex-wife, but failed to persuade a trial court to order his ex-wife to pay child support on all four children. That’s because a governmental agency already paid a monthly stipend for the fourth child and,…
Couple’s Agreement Didn’t Contract Away Child’s Right to Receive Support, Survives Wife’s Challenge
Resolving issues of back-owed child support can require creative problem-solving between the parties. Sometimes, that creativity may run afoul of the law if it impairs child’s legal right to receive support. One couple’s solution, which converted back-owed child support into a money judgment in favor of the wife and stripped…
Florida Court Orders Russian Mother to Adjudicate Child Support Case Overseas
A Russian mother’s effort to pursue an award of child support hit a snag when a Florida appeals court concluded that a Russian court should hear her claim. The Russian courts already had jurisdiction over issues of custody, visitation and time-sharing regarding the child, making them a more convenient forum…
Terms of Settlement Agreement Block Husband’s Effort to Obtain Statutory Child Support Modification
A father’s attempt to avail himself to statutorily-dictated child support modification failed due to an earlier decision the man made, which ultimately proved costly. The man had previously consented to a marital settlement agreement that contained a waiver of his right to seek a child support modification based upon the…
Court Orders Husband to Pay Wife’s Attorney’s Fees in Child Support Battle
A Florida appeals court recently ruled that the interests of “justice and … equity” necessitated requiring an ex-husband to pay his ex-wife’s attorney’s fees in the child support action the wife initiated. The court’s ruling highlighted that, because the husband had a substantially greater ability to pay, and prolonged the…