Support awards in a family law case are generally made based upon the actual income of the parties involved in the proceeding. However, often times it becomes necessary to impute income to either the husband or the wife, if either of them are underemployed or intentionally making themselves unemployed. Who has the burden of proof…
Continue reading ›Child support awards in Florida are always subject to modification, based upon many different reasons. In connection with a proceeding for the modification of child support, the question of retroactive support becomes important. In other words, if an increase in child support may be appropriate, at what point in time does that increase become effective?…
Continue reading ›Florida law does in fact require an obligor to either acquire or maintain life insurance in order to secure a child support obligation. This is found in Florida Statute 61.13(1)(c). What does this mean exactly? A judge does not have the discretion to order any amount he or she pleases. The amount of life insurance…
Continue reading ›Failing to pay a court ordered child support obligation can land the non complying parent in jail. However, there are certain procedures that must be followed before incarceration can occur. An order of civil contempt for failure to pay child support requires findings of wilful failure to pay ordered amounts. If incarceration is to be…
Continue reading ›In a case recently decided, a wife was awarded an astounding sum of $75,000.00 per month for temporary support for herself and her child. Stanton v. Stanton, 2D10-919 (2010). The appellate court said this amount simply could not stand, as the amount was not supported by competent substantial evidence. The trial court should consider the…
Continue reading ›The question of payment for private school tuition comes up frequently during the divorce process. Can this obligation be continued after the divorce, so that the child can continue on with his or her private school enrollment? The answer to this question depends upon the circumstances existing during the marriage. In Wilson v. Wilson, 559…
Continue reading ›Florida has a very strong policy in favor of support for minor children. Even when a parent has no actual income, the courts do not hesitate to impute income to that parent. Section 61.30(2)(b) governs the imputation of income for purposes of child support: “Income on a monthly basis shall be imputed to an unemployed…
Continue reading ›The payment of child support can put even more stress on an already difficult situation for many people today. The economy has taken an obvious downturn for many, many people. In spite of the economic crisis, children depend on the support for their wellbeing. Trying to keep current on support obligations is no easy task,…
Continue reading ›No. Child support is a benefit and entitlement for a minor child. Under Florida law, a parent does not have the legal right to waive the receipt of child support. Also, a parent does not have the unilateral right to determine how much he or she wants to pay, nor can the recipient parent due…
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