Articles Posted in Modification (Child Support)

Income is one of the numerous factors the Florida courts consider when determining obligations and rights with regard to child support. Unfortunately, parties will sometimes attempt to inappropriately alter support obligations by refusing to obtain gainful employment. In such instances, pursuant to the Florida child support guidelines, the courts can impute income to them. This was demonstrated in a recent Florida child support case in which the court found that the trial court erred in failing to consider the wife’s earning potential based on her recent employment. If you have questions about child support, it is prudent to meet with a Miami child support lawyer as soon as possible.

History of the Case

It is alleged that the parties married in Michigan and had two minor children. They each filed petitions for dissolution in 2019; the husband in Michigan and the wife in Florida. They were divorced in Florida, and the court merged and incorporated their confidential settlement agreement into the final judgment of the divorce. While the agreement contained provisions regarding child support, the court crossed out those sections, and they were not part of the final judgment.

Reportedly, the parties then determined that Florida was the proper jurisdiction for child support and child custody issues between the parties. The wife then filed a motion to establish temporary child support. The husband moved to dismiss the motion in light of the settlement agreement. The court issued an order directing the husband to pay almost $3,000 per month in support. It also imputed income to the wife at the level of minimum wage. The husband appealed on numerous grounds. Continue reading ›

The Florida courts protect people in family law matters from suffering adverse consequences due to one party’s “unclean hands.” In other words, the courts will often deny a party relief if they caused the issue in question in bad faith. The courts cannot sua sponte apply the unclean hands doctrine, however, as explained in a recent Florida child support case in which the father sought a modification. Instead, the issue must be brought before the court by a party. If you are subject to a child support obligation and you or a co-parent intend to ask the court to alter the support order, it is in your best interest to talk to a Miami child support attorney about your rights.

Procedural Background of the Case

It is alleged that the mother filed a paternity action, which ultimately determined the parentage of the father. The court then entered a child support order, in which it imposed a support obligation on the father. The father later petitioned the court to modify the support obligation. The court denied the father’s petition, mostly due to a finding of unclean hands. The father appealed, arguing that the court abused its discretion in denying his petition.

The Unclean Hands Doctrine in Florida Family Law Cases

On appeal, the court found in favor of the father and reversed the trial court ruling. The court noted that the trial court adopted the report and recommendation of a magistrate, advising the court to deny the father’s petition due to a finding of unclean hands. The court explained, however, that the record revealed that the matter of unclean hands was not properly before the magistrate. Continue reading ›

Generally, the Florida courts rely on statutory guidelines when determining what constitutes appropriate child support. Parties are permitted to develop their own support agreements, though, which the courts will generally ratify as long as they are in the best interest of the child receiving support. Parties that develop their own child support agreement may face difficulties if they subsequently want to modify the terms of the agreement, however, as shown by a recent Florida ruling in which the court rejected that mother’s assertion that the trial court erred in approving the agreement. If you have questions about your rights with regard to child support, it is wise to consult a Miami child support attorney as soon as possible.

Factual and Procedural History of the Case

It is alleged that the mother and father had two minor children together. Subsequent to a paternity action and mediation, they agreed to the court’s entry of a consent final judgment of paternity and relief. In part, the judgment established the father’s paternity as well as his child support obligation, as well as the parties’ incomes and financial health. Additionally, the child support calculations included a future increase in the mother’s income due to an increase in her work hours and a relative reduction in the father’s child support payments.

Reportedly, the judgment included a signed consent that ratified the parties’ settlement language and stated in part that they voluntarily and freely agreed to be bound by the agreement. Seven months after the court entered the judgment, the mother moved to set it aside, arguing that the trial court erred in imputing income to her and noting that her employer did not increase her work hours as contemplated. The trial court denied her motion, and she appealed. Continue reading ›

Florida law dictates that all parents have a duty to support their children financially. When parents share custody of a child, this is often reflected through the imposition of child support obligations. While one parent may be compelled to pay child support to the other, such support is for the benefit of the child, not the parent. As such, in cases in which a court is presented with factors indicating a support obligation should be offset, their paramount concern should be the child’s welfare, not the financial status of the parents, as discussed in a recent Florida case.  If you have questions regarding child support, it is in your best interest to confer with a Miami child support attorney as soon as possible.

Facts of the Case

It is alleged that the father and the mother had one child during their marriage and subsequently divorced. The court granted them joint custody and time-sharing rights and order the father to pay the mother child support. The father failed to make any payments for a lengthy period of time and incurred a significant arrearage. He subsequently filed a petition to modify time-sharing. The court granted the motion and modified the custody order to indicate that the child would reside primarily with the father.

Reportedly, the court also imposed a child support obligation on the mother. It then set off the mother’s obligation against the father’s arrearage and stated that the mother would not have to pay child support for years. The father appealed. Continue reading ›

Under Florida law, all parents have an obligation to financially support their minor children. Thus, in many cases in which parents share custody of a child, the courts will find it appropriate to order one parent to pay the other child support. Child support obligations are calculated, in part, based on the parent’s respective income. While income can include financial contributions from outside sources, the courts can only impute income to a party if there is competent evidence that it is appropriate. This was demonstrated in a recent ruling in which the court reversed a trial court’s order granting a modification of a child support obligation on the grounds that the trial determination of a mother’s income was not supported by competent evidence. If you need assistance with a child support issue, it is prudent to contact a Miami child support lawyer as soon as possible.

The Facts of the Case

It is alleged that the mother and the father ended their marriage in 2015. At that time, they entered into a marital settlement agreement that included a determination of child support obligations. In 2017, the mother sought a modification of child support on the grounds that it was warranted due to the father’s recent salary increase, which constituted a substantial change in circumstances. In 2019, the father sought a modification of time-sharing.

Reportedly, the court resolved both motions in 2020 and issued a judgment stating, in pertinent part, that the mother could afford to be a stay-at-home parent because her fiancé covered a substantial amount of her living expenses. The judgment further stated that the fiancé’s payments must be included in the mother’s income for the purposes of calculating child support. The mother challenged the judgment, arguing that the trial court’s determination with regard to her income was improper. Continue reading ›

Many of us, at some point, have made a job change expecting the new job to improve our lives professionally, financially and personally, only to realize just a few months later that, rather than an improvement, the new job is a financial disaster. If that happens to you, it can have many negative consequences, especially if you’re someone who owes a child support obligation. There is a little bit of good news: depending on your specific circumstances, a skilled South Florida family law attorney may be able to take evidence of your reduced income and help you get a modification of child support and a smaller monthly payment.

P.S. was a father caught in that type of situation with his child support obligation. In 2016, he was a financial advisor at a major investment firm, but decided to make a lateral move to another major investment firm. Unfortunately for P.S., a major scandal rocked his new employer just after he changed jobs. It started in the company’s banking division but, eventually, the scandal spread into the brokerage unit, according to a CNBC report from November 2016.

This was a huge problem for P.S. In the investment industry, financial advisors who change firms often bring their clients with them from the old firm to their new firm. However, due to the cloud of scandal plaguing P.S.’s new employer, he failed to persuade many of his clients to switch. As a result, he failed to hit several performance targets and that failure meant that his overall income took a significant nosedive.

Continue reading ›

For most people, their incomes are reasonably stable. They may experience one or two or three major “bumps” in earnings over a career, but their incomes mostly move on a gradual upward track. However, what do you do if your child’s other parent is one of those less common people whose income can change dramatically over short periods of time? For any parent that needs to pursue a child support case, but especially if you’re someone with an ex whose income is marked by dramatic and unexpected upturns, you need to make sure you have a skilled South Florida child support attorney handling your case.

There are several fields of work where earnings can be very volatile, such as actors, models and athletes. F.G. was one of those people. In 2005, he signed a rookie contract to play in the National Football League. At that time, F.G. had only minimal assets and was earning a relatively modest income consistent with the NFL’s “rookie contract” structure.

During that time, F.G. had a son with S.S. The father and mother established a mediated settlement agreement covering, among other things, child support. Six years later, the mother went back to court, asking for an upward modification in child support. While the father had always paid his child support, the mother argued that the modification was necessary.

Continue reading ›

Florida law gives trial court judges a lot of options in how they resolve issues like child support obligations. As part of that process, the law recognizes that a supporting parent may provide support to his/her child in meaningful and valuable ways beyond just paying cash to the majority timesharing parent. The law factors those other forms of support when determining how much the parent’s monthly monetary payments should be.

That, however, can lead to problems sometimes. Specifically, what do you do if the court factored in a non-cash form of support, but the supporting parent never actually incurred that expense? These and other tricky issues when it comes to child support are good examples of why it pays be sure that you have a skilled South Florida family law attorney on your side throughout your case.

The above scenario was what happened in C.C.’s case. When determining the amount of support P.S., the father, owed, the judge made a decision that was what the law calls a “substantial deviation” from the amount indicated by the Florida child support guidelines. Whenever a judge enters an order on child support and the obligation amount is a significant deviation from what the guidelines call for, the judge must have a good reason for deviating, and must clearly state why the deviation was appropriate.