In some ways, calculating an appropriate child support obligation can be a bit like calculating income taxes. In situations in which the supporting parent (or the taxpayer in the tax return analogy) has exactly one source of income, the calculation may be very direct because it requires proof of only…
Articles Posted in Child Support
Situations in Which a Child Support Obligation Can Extend Past the Child’s 18th Birthday Under Florida Law
There exists in many places, including within popular culture, an idea that the obligation to provide child support lasts for, at most, 18 years. Under this notion, once the child reaches the age of majority, on his or her 18th birthday, he or she is a legal adult, and the…
Imputing Income to a Parent in Florida, Even When that Parent Has a Disability
In any divorce case that involves minor children, the issues of child custody and child support are likely to be important elements of the case. Sometimes, if your spouse is determined by the court to be voluntarily underemployed or unemployed, you may be entitled to a larger child support payment…
How an Interest-for-Prepaid-Child-Support Provision in a Divorce Agreement Turned Into a Constitutional Case in the Florida Courts
A lot of family law cases get resolved based upon relatively straightforward legal bases – things like, “What do the Child Support Guidelines indicate is the proper amount of child support?” or “What custody arrangement does the judge conclude represents the best interest of the child?” Occasionally, though, some family…
Overcoming Your Ex-Spouse’s Claim that Your Choice of Career Constitutes Voluntary Underemployment in Florida
Being accused of being voluntarily underemployed or voluntarily unemployed can be potentially very problematic in any Florida alimony or child support case. This is true whether you are the supported spouse/parent or the supporting spouse/parent. If you are the spouse paying support, and the court rules against you, you could…
Failure to Use Most Recent Salary Bonus Figure Leads Florida Appeals Court to Reverse Alimony, Child Support Calculations
In your alimony or child support case, there can be many components that go into calculating the appropriate amount of support owed. Part of making that calculation is ensuring that only a supporting spouse (or parent)’s regular and continuous income is factored into the determination. Whether or not you are…
Proof that Expenses Exceeded Income Wasn’t Sufficient to Impose Larger Child Support Obligation on South Florida Father
In any child support case, there are several factors to balance. The central goal, of course, is to ensure that the child receives the support that they need and deserve. It is, however, also important to ensure that the obligor parent is not assigned a child support obligation that is…
Florida Appeals Court Imputes Income, Assigns Child Support Obligation to Incarcerated Father
In the latest chapter of what has become an expanding issue for Florida’s appellate courts, another district court has weighed in upon whether or not trial courts should impose child support obligations upon parents who are in prison. In this most recent case, the Fifth District Court of Appeal ruled…
Florida Court Upholds Decision Not to Impose Immediate Child Support Obligation Against Father Facing Prison
When it comes to child support cases, one of the most important issues can be whether or not the law allows the court to impute additional income to the obligor parent for the purposes of calculating his support amount. One of the keys to imputing income is proving that the…
Hearsay Rule Prevents Admission of Florida Husband’s Bank Statements for Purpose of Imputing Income
If you watch enough TV courtroom drama shows, you’ve likely seen it at some point. One of the lawyers will attempt to introduce some piece of evidence, and the other attorney will exclaim, “Objection! Hearsay!” While hearsay objections may be more commonly associated with criminal cases, they also take place…