Articles Posted in Child Support

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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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Although Florida law anticipates that parents will provide financial support for their children, the obligation to do so typically ends when the children reach the age of majority. Parties are free to enter into agreements that enlarge their responsibilities, however, and dictate that they will provide support for education or other things after the children turn eighteen. If they do, they will generally be held to the terms of such agreements, as discussed in a recent Florida child support case in which the parties disagreed over whether a marital settlement agreement obligations both parents to contribute to their child’s college fund. If you have questions about how you can protect your rights and assets in a dissolution proceeding, it is advisable to meet with a skilled Miami divorce lawyer to assess your options.

Case Setting

It is reported that the husband and the wife divorced; as part of their dissolution proceedings, they entered into a marital settlement agreement. According to their marital settlement agreement, both parties were required to contribute $500 per month to a 529 college savings plan for their child, starting after the termination of the wife’s alimony.

Allegedly, after receiving an inheritance, the wife prepaid her share of contributions, leading to an addendum in the marital settlement agreement that absolved her from making further payments. However, the husband contributed less than $500 per month to a Florida Prepaid College Fund instead of the 529 plan. The wife sought to hold him in contempt for failing to meet the agreed contribution amount. The trial court denied her motion, and she appealed.

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Under Florida law, parents are expected to provide financial support for their children. As such, it is not uncommon for one parent to seek child support from their co-parent. When determining an appropriate support obligation in child support cases, the courts will look at, among other things, the party’s income. In some instances, the courts may find it appropriate to impute income to a parent based on their earning potential. In doing so, the courts must first analyze certain factors, and if they fail to, their decision may be reversed. Recently, in an opinion issued in a paternity action, a Florida court discussed what analysis courts must conduct before imputing income. If you have questions about your rights and obligations with regard to child support, it is wise to talk to a Miami child support lawyer promptly.

Factual and Procedural Setting

It is reported that the mother and the father were involved in a dispute over paternity. During the hearing on the matter, the father testified that he worked 25 hours per week as he was building a new position within his company but was not working full-time due to taking care of his child and other personal matters.

Allegedly, the trial court issued a final judgment establishing paternity. In the judgment, the court imputed an income of $76,000 despite the father’s highest historical annual earnings being $58,000. The father argued that the imputed income and the calculation of his income for 2021 and 2022 were unsupported by competent evidence. The father appealed, challenging the trial court’s decision to impute income to him for the purpose of calculating child support. Continue reading ›

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In Florida divorce actions, the courts will typically issue judgments of dissolution establishing the parties’ rights and obligations with regard to disputed issues like child custody, spousal and child support, and property division. If a court fails to adequately demonstrate the reasoning behind its decision or neglects to take into consideration key evidence, either party may be able to pursue an appeal. In a recent Florida opinion issued in a divorce action, the court explained the grounds for challenging a final judgment of dissolution. If you intend to end your marriage, it is smart to speak with a Miami divorce attorney regarding what measures you can take to protect your rights.

Procedural Background of the Case

It is reported that the husband and wife divorced. During the final hearing, the trial court orally explained its findings on the record. The court subsequently issued a final judgment of dissolution, defining rights and obligations with regard to alimony, timesharing and custody rights, and relocation. The husband then appealed, arguing several points of error. Specifically, he challenged the adequacy of the record on appeal, particularly regarding affidavits related to financial situations, which he failed to include. Additionally, he disputed the start date for child support payments, as the trial court set it before the child’s residency with him ended.

Grounds for Challenging a Final Judgment of Dissolution

On appeal, the court largely affirmed the trial court ruling. The court explained that while the final dissolution judgment did not precisely adhere to the criteria outlined in the Florida Statutes, the trial court provided oral findings during the final hearing to justify its rulings on relocation, alimony, and timesharing. Further, the court found these findings were backed by ample evidence presented during the proceedings, indicating that the decisions were well-supported despite not aligning perfectly with statutory parameters. Continue reading ›

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In Florida, parents have a legal obligation to provide financial support to their children. Typically, this obligation ends at eighteen. If a parent did not provide financial support for their child while the child was a minor, however, their co-parent may be able to recover retroactive support, even after the child has reached the age of majority. This was illustrated in a recent Florida opinion in which the court explained that the statute does not limit the right to recover retroactive support to parents of minor children. If you have questions about child support, it is smart to meet with a Miami child support attorney as soon as possible.

Factual and Procedural Setting of the Case

It is alleged that the mother and father had two children together. The Department of Revenue initiated a case to establish paternity and establish child support for their children. The Administrative Law Judge conducted a video proceeding, where the parties stipulated paternity, and it was acknowledged that both children had resided solely with the mother.

Reportedly, during the hearing, the Judge expressed uncertainty regarding awarding child support to the older child, who had turned eighteen before the service of the Department of Revenue’s petition. The court ultimately concluded that the older child was no longer a ‘child’ and, therefore, the court lacked statutory authorization for retroactive child support. The Department of Revenue appealed. Continue reading ›

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Florida law dictates that parents must support their children financially. As such, in many instances in which parents share custody of a child, the Florida courts will order one parent to pay the other child support. In recognition of the fact that circumstances often change over time, the law permits parties to request modifications to child support orders as well. As discussed in a recent opinion delivered in a Florida child support case, such a request should be granted if the requesting party demonstrates a substantial and lasting change in their financial situation. If you need assistance with a child support dispute, it is wise to contact a Miami child support attorney as soon as possible.

Factual and Procedural Setting

Reportedly, the parties were married in 2004 and had two children during their marriage. After ten years of marriage, they divorced. The final judgment of dissolution incorporated the parties’ parenting plan and marital settlement agreement, which stipulated, in part, that neither party would be obligated to pay child support because they had equal timesharing and similar incomes at the time of the agreement.

Allegedly, in 2018, the wife filed a petition for modification, alleging a substantial decrease in her income since the final judgment, making it impossible for her to afford their children’s needs. She further asserted that the husband’s income had substantially increased since the divorce and asked the trial court to modify the judgment to require the Former Husband to pay child support following the statutory guidelines. The court denied her request, and she appealed. Continue reading ›

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In Florida child support cases, it is unfortunately not uncommon for the parent obligated to pay support to fail to uphold their duties. If they do, they can be held in contempt. The party seeking a contempt order and arrearages must act in a timely manner, however, otherwise, they may be precluded from recovering the amounts owed due to the defense of laches. In a recent Florida child support case, the court provided a valuable overview of the affirmative defense of laches, ultimately determining that it did not apply. If you need assistance with a child support matter, it is in your best interest to meet with a Miami child support attorney to evaluate your options.

History of the Case

It is reported that the parties divorced in 1994, and the former husband was ordered to pay child support until their child was emancipated in 2005. However, in 1995, the former husband ceased paying child support through the disbursement unit, citing job loss, and instead paid the former wife $100 weekly, with a promise to resume full payments when he found employment. Unfortunately, he never did.

Allegedly, a Judgment/Certificate of Delinquency was filed but expired in 2016. In 2017, the former wife initiated a motion for contempt, which the general magistrate deemed “premature.” The magistrate instructed the former wife to file a motion to determine the child support arrearage, but she never did. Two years later, the former husband passed away, leaving his entire estate to his long-term girlfriend, who subsequently also passed away. Following these events, the former wife filed an independent action to collect the owed amount, totaling $282,070.64. Continue reading ›

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In divorce actions involving children, it is not uncommon for the parties to come to an agreement regarding custody and child support. In most instances, such agreements are enforceable, and a party that fails to abide by the terms of their agreement may be held in contempt. As discussed in a recent Florida case in which the court affirmed a contempt ruling against a party that paid child support via unauthorized means, strict compliance is often required. If you are considering filing for divorce and you have minor children, you should consult a Miami child support attorney to determine your potential rights and obligations.

Case Background

It is alleged that the husband and the wife divorced; during their dissolution proceedings, they entered into a settlement agreement that required the husband to channel his child support payments through the state disbursement unit. However, following a motion for contempt and enforcement by the wife, a court order decreed that the husband would only receive credit for payments made through the disbursement unit.

It is reported that despite this, the husband persisted in making direct payments directly to his ex-spouse. This recalcitrant behavior prompted another motion for contempt/enforcement by the wife, culminating in a subsequent order that denied the husband credit for the direct payments and imposed a $33,000 purge. The husband then appealed. Continue reading ›

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In Florida child support cases, the courts typically refer to statutory guidelines to determine what constitutes an appropriate obligation. While the courts are permitted to deviate from the guidelines, if they do so, they generally must demonstrate that the deviation is warranted. In a recent Florida opinion issued in a child support matter, the court discussed what constitutes appropriate grounds for a deviation. If you have questions about what steps you can take to protect your interests in a child support case, it is advisable to speak with a Miami child support attorney as soon as possible.

History of the Case

It is reported that the mother filed a lawsuit seeking to establish sought to ascertain paternity. She also requested child support and other relief. The father responded pro se to the petition but did not file a counterpetition. After a DNA test confirmed the father’s biological paternity, the trial court issued a final judgment establishing his legal and biological paternity and ordered him to pay child support. The mother appealed on the grounds that the child support obligation was less than half of the amount recommended under the statutory guidelines.

Deviation from Child Support Guidelines

On appeal, the court reversed the child support ruling, noting that the trial court did not cite sufficient reasons for deviation. While the child support guidelines are clearly rebuttable, if a court deviates more than five percent from them, it must set forth either in writing or on the record why an award that aligned with the guideline amount would be inappropriate or unjust. Continue reading ›