Articles Posted in Modification (Child Support)

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 ›

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 ›

Under Florida law, parents have a duty to provide financial support for their children. In the context of custody cases, this obligation is often the impetus for imposing a child support obligation. The courts determine what constitutes an appropriate amount of child support by analyzing numerous factors, including each parent’s income. If a parent is willfully underemployed, however, the courts may impute income to them. In a recent Florida case in which the court ultimately reversed the trial court ruling, the court discussed the grounds for imputing income to a parent. If you have questions about your rights with regard to child support, it is in your best interest to speak to a Miami child support lawyer at your earliest convenience.

Factual and Procedural History

It is reported that the mother and the father divorced in 2014. During their divorce, they agreed to a marital settlement and parenting plan; pursuant to the plan, the mother had the majority of timesharing with the couple’s two children and home-schooled them. In 2019, the husband filed a petition to modify the timesharing and child support, seeking equal timesharing and claiming that the mother was voluntarily underemployed. He argued that modifying the timesharing would allow her to work more hours and increase her income.

Allegedly, following a hearing, a magistrate recommended modifying the timesharing to be more equal, ending the home-schooling arrangement, and imputing additional income to the mother. The mother filed exceptions to the recommendation, and the trial court largely adopted the report but granted her exception regarding the imputation of income and remanded the issue for further consideration. Following subsequent hearings, the magistrate again recommended imputing additional income to the mother, claiming she voluntarily cut her work hours in half and had not shown effort in finding alternative employment. The trial court adopted the report and recommendation. The mother then appealed. Continue reading ›

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.

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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.

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