A court may only deduct the below statutory items from gross income when determining child support. Further, a party who fails to provide evidence to support an adjustment of income for an appropriate deduction forfeits entitlement to the deduction. The burden is not placed of the court to do so. Allowable deductions from gross income include: federal, state, and local income tax deductions, adjusted for actual filing status and allowable dependents and income tax liabilities; federal insurance contributions or self-employment tax; mandatory union dues; mandatory retirement payments; health insurance payments, excluding payments for…continue reading →
When determining custody, a court may consider the religious beliefs and practices of a parent. Further, at times, a court has considered which parent would be in the best position to promote the child’s religious or spiritual welfare, or in which home would the child have superior facilities for attending church. Although, a court may consider a parent’s religious beliefs, custody may not be conditioned on the parent’s curtailment of his or her religious activities or beliefs. Any order prohibiting the noncustodial parent from exposing the child to the parent’s religious practices…continue reading →
A parent’s visitation rights may not be conditioned on the other parent’s responsibility to provide child support. Where there has been an order to pay child support, the parent who is to receive the payment should not refuse to abide by any time-sharing schedule, that may be in effect between the parents, if there has been a failure to pay. Further, a court may not withhold or terminate visitation rights based on the fact that a parent has not been able to keep up with child support. Courts have been found to be…continue reading →
In this case, the father, Tyler Kinnett, filed a motion for contempt arguing that the mother, Kelsey Cockrell, wrongfully barred him from exercising his timesharing rights with his child on three different instances. The father's motion did not stress that there was a substantial change in circumstances, or that it would be in the best interest of the child for there to be a modification of the timesharing arrangement. Yet, the trial court entered an order for contempt which modified the timesharing schedule. The mother appealed. The appellate court concluded that the father…continue reading →
A new custody law is currently making its way through legislature and potentially will substantially change the way time-sharing is structured. Florida’s Senate approved the new time-sharing bill 668 on March 8, 2016. If this bill is eventually passed, it would require courts that are establishing an initial parenting plan to start with equal time with the child for each parent. In essence, equal custody/joint custody as many of you understand it to be. Deviation from this 50/50 requirement can be done only if factors outlined in section 3 of Florida Statue 61.13…continue reading →
Florida does not allow for a parent to waive or contract away his or her right to receive child support. Child support is for the benefit of the child. Provisions relieving parents of their duty to support their child entirely or permanently is against public policy. A final judgement will not be awarded if there is no provisions regarding child support. Each parent has a fundamental obligation to provide support to his or her child. The obligation to not waive or contract away their child’s right to support does not preclude parents from…continue reading →
When we speak to uncovered medical expenses, we are referring to those medical bills which a child’s health insurance does not cover. This can be either the deductible, co-payments, etc. Parents often come to an agreement regarding who will be responsible for uncovered medical expenses. Many times such expenses are equally split between the two. However, what happens when an agreement cannot be reached? Florida statute § 61.30(8) provides that these expenses can be added to the basic child support obligation of the parents. Any uncovered medical, dental, and prescription medication expenses of…continue reading →
The husband, Howard Elias, appealed an order on temporary child support in his pending divorce proceeding. The trial court concluded that neither party was required to pay child support to the other. The trial court found that the wife’s one million dollar plus annual income was more than enough to provide for the children’s needs. The court treated any expenses, by the husband, towards the children as incidental. Over the husband’s objection, the trial court declined to apply the child support guidelines. However, the appellate court found this ruling to be in error.…continue reading →
Courts have the power to modify a custody or support order for a minor child and may do so even though the original order was based on a contract or stipulation between the parents which is binding on them when incorporated into the final order for divorce. Further, it is not necessary for the parent moving for modification to prove a substantial change in circumstances for a court to modify the order. A court is not bound by any agreement made between the parents. If a settlement agreement is found not to be…continue reading →
What constitutes a substantial change in circumstance? This is the crucial factor when trying to change child support payments. One has to show that the change in circumstances was significant, material, involuntary, and permanent in nature in order for a court to reduce or increase child support payments. The party seeking modification of child support payments has the burden of showing the change in circumstances. It is not the responsibility of the other spouse to do so. These requirements were set in place to ensure that a spouse’s obligation to pay is not…continue reading →
