Child Support

I often have clients who wish to use recorded conversations during their divorce proceedings.  They will inquire about the legality in making and using an audio recording of their spouse in court.  In Florida, you are not permitted to record someone without their express consent to be recorded.  Florida is considered a “two party consent” state.  This simply means that all parties to the communication must be aware and agree to be recorded.  Without the consent of all parties involved, one is engaging in a crime. There are, however, exceptions to this.  Communications…continue reading →

There is generally an assumption among people that child support orders cannot be modified in any way.  Such an assumption is the wrong assumption to have.  Florida courts understand that circumstances may change and with this brings the need for a change in its orders.  There are a number of reasons why a court will temporarily or permanently modify a child support order.  The following circumstances may allow for one to change his or her child support payments: A short-term financial hardship suffered by the payer, for example, could be the reason why…continue reading →

The changing family dynamic over the years has revealed a portrait of families that is nowhere near the traditional view that we have been accustomed to.  Today many households contain at least one stepchild under the age of eighteen.  With this comes the concern of what responsibilities to a stepchild are there once the relationship or marriage is over. As a general rule, stepparents are not legally obligated to provide support to stepchildren.  The biological parents of a child have a legal duty to support their children, and this duty is not displaced…continue reading →

The cost of extracurricular activities from things such as music lessons, dancing lessons, and sport leagues, unless otherwise agreed upon, will generally not be considered by the court when awarding basic child support.  Therefore, the parent who does not have physical custody of the child, also known as the non-custodial parent, does not have to worry about or contribute to any costs associated with extracurricular activities. However, it is important to note that each case is different and the court will determine each request on a case by case basis.  The court may…continue reading →

This is easily one of the most common and frequently asked question during a divorce. Florida Statutes provide a guideline for the amount of child support that the court may award.  Child support guidelines are standards used to figure out the support needed for a child and the amount that a parent has to pay.  The court will consider the income of of both parents, the child’s health care and child care costs, and the standard needs for the child. Once all the information is input into the child support guidelines worksheet and…continue reading →