This question will likely have to be followed by a number of other questions before generating an accurate response. Although child support may be one of the more cut and dry areas of family law due to being governed by an actual hard and fast math calculation, the data that is placed into said calculation […]
Category: Child Support
Can Joint Custody Reduce Child Support?
First, it is important to understand that Florida no longer uses the term custody. Parents and children now enjoy timesharing. One of the factors that determines how much child support is paid is the amount of timesharing each parent enjoys with the children. Timesharing is normally calculated by counting the number of overnights exercised by […]
Modifying Final Judgments Part II:
Don’t just settle to get this over…Get it right the first time and fight for what you want in your divorce or paternity case right now. Last week, we discussed the fact that equitable distribution judgments are generally non-modifiable. This week we will examine modification of custody orders. Fla. Stat. 61.13(3) states, “…A determination of […]
What is “income” for purposes of child support calculations?
And how does Florida factor in disability benefits that go directly to the opposing party? First, F.S. 61.046(8) states, “‘Income’ means any form of payment to an individual, regardless of source, including, but not limited to: wages, salary, commissions and bonuses, compensation as an independent contractor, worker’s compensation, disability benefits, annuity and retirement benefits, pensions, […]
Realistic Custody Expectations in Florida Family Court
Often, potential clients enter an attorney’s office with high hopes and lofty goals. Many want their “day in court” and do not wish to settle for less than 100% of their original goal. The reality is that the Court is not in business to make you happy. The Family Court is a court of equity. […]
Castillo vs. Castillo
In Castillo vs. Castillo, the trial court improperly applied the unclean hands doctrine to summarily deny a petition for modification. Where a spouse has the ability to pay an arrearage and does not do so, he is not in court with clean hands and in such case his petition should not be considered on the […]
Addie vs. Coale
Addie vs. Coale has a history in the 4th district. When it was first appealed, it was remanded for reconsideration of the alimony and child support aspects of the final judgment. On remand, the successor trial judge entered an alimony and child support award, but it was deficient in that findings were not made on […]
I just received a letter from the Department of Revenue (DOR) regarding a Proposed Administrative Support Order, what do I do?
If you have recently received a letter from DOR stating that the department is seeking to establish child support pursuant to a Proposed Administrative Support Order, do not hesitate: bring that letter to your lawyer immediately. There are very specific guidelines for what you can do when you receive such a letter, and all of […]
Tluzek v. Tluzek
Tluzek vs. Tluzek is a case of first impression in Florida. In involves the allocation of an adoption subsidy received by the parents of adopted children with special needs. The court ruled that the parents’ child support obligation should be determined first pursuant to the guidelines. Then, the adoption subsidy should be apportioned between the […]
SB 250 Passed Judiciary Committee!
SB 250 (2016) Family Law http://www.flsenate.gov/Session/Bill/2016/0250 SENATE – CS by Judiciary; YEAS 7 NAYS 3