Articles Posted in Child Support

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An ex-husband successfully secured primary physical custody of the four children he shared with his ex-wife, but failed to persuade a trial court to order his ex-wife to pay child support on all four children. That’s because a governmental agency already paid a monthly stipend for the fourth child and, since the trial court’s custody modification order gave that stipend to the husband, a Florida appeals court determined that it was not improper to refrain from making the ex-wife pay child support on that child.

J.L.B. and his wife, S.J.B., divorced in 2008. Initially following the divorce, the wife held primary physical custody of the children. Following an incident in which the Florida Department of Children and Families removed the couple’s children from the wife’s home, the husband asked an Orange County court to give him sole custody of the children or, at least, make him the primary physical custodian. The court agreed and ordered that the husband receive majority time-sharing within a joint custody arrangement.

As part of this ruling, the court also assessed a child support obligation to the wife. The husband promptly appealed the child support portion of the court’s ruling. The husband argued that the trial made an error by calculating the wife’s support obligation based on three children, when the couple shared custody of four children.
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Resolving issues of back-owed child support can require creative problem-solving between the parties. Sometimes, that creativity may run afoul of the law if it impairs child’s legal right to receive support. One couple’s solution, which converted back-owed child support into a money judgment in favor of the wife and stripped the family court of jurisdiction over that judgment, did not violate the law, according to a recent 4th District Court of Appeal ruling. Because the agreement only removed the family court’s jurisdiction, and did not prevent the wife from pursuing the debt in civil court, the settlement did not contract away the child’s right to support.

The marriage of two attorneys ended in divorce in 1999. The agreed judgment between the parties required the husband to pay child support of $1,300 in 1999 and $1,500 starting in 2000, even though the applicable child support guidelines called for only $828 per month.

The husband fell behind on his support payments, resulting in several contempt proceedings and judgment enforcement motions. The couple eventually settled this dispute and the trial court entered an agreed order in 2008 that included a money judgment of $70,000 plus interest in favor of the wife. The family court also relinquished jurisdiction over that money judgment, except that the court retained the power to use its contempt powers if the husband did not stay current on the $828 per month of child support required by the guidelines.
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A Russian mother’s effort to pursue an award of child support hit a snag when a Florida appeals court concluded that a Russian court should hear her claim. The Russian courts already had jurisdiction over issues of custody, visitation and time-sharing regarding the child, making them a more convenient forum for the hearing of the child support issue. In a recent case, the court determined that, while courts will generally favor the forum choice of the filing party in cases involving domestic parents, this rule does not apply if the parent filing the case is not a resident of the United States.

The case regarded the child that a couple had together in Russia 17 years ago. In 2012, the mother launched an action in Florida to assess paternity and receive an award of child support. The father sought to dismiss the case on the grounds of forum non conveniens, arguing that because the mother was a resident of Russia with few to no ties to Florida, a Russian court would be better positioned to hear the case. Forum non conveniens is a legal doctrine allowing a court to dismiss a case if, in the court’s discretion, another court could more conveniently try the case. The trial court denied the motion.

The court of appeals sided with the father. In general, the court explained, the person who files the action (the mother in this case) is entitled to a presumption in favor of the court she chose. This presumption does not exist, though, if the person filing the action is from another country. Even if Florida was an inconvenient forum to hear the mother’s child support claim, the case would have stayed here if no other court constituted an adequate alternative. The court of appeals, however, concluded that the Russian courts were such a viable alternative. The court noted that the Russian courts already had jurisdiction over the custody, visitation and time-sharing regarding the child.
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A father’s attempt to avail himself to statutorily-dictated child support modification failed due to an earlier decision the man made, which ultimately proved costly. The man had previously consented to a marital settlement agreement that contained a waiver of his right to seek a child support modification based upon the parents’ time-sharing schedule, according to the Second District Court of Appeal. The father’s unfavorable decision spotlights the extreme importance of understanding all the ramifications of the terms of a settlement agreement.

Two years after a couple divorced in 2003, the couple created a supplement to their marital settlement agreement that altered the husband’s child support and alimony payments, and specifically stated that the agreement’s visitation arrangements could not be construed as the children’s spending 40% of their time with the father. This percentage was important to clarify, because Section 61.30(11)(b)(10) of the Florida Statutes allows a parent to seek a modification of his child support obligation if his children spend 40% or more of their overnights with him.

In 2012, the father requested a downward adjustment in his child support based upon the alleged fact that the children spent 42% of their time with him. The mother argued that, under the terms of the supplemental settlement agreement, the father waived his right to seek such a reduction.
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A Florida appeals court recently ruled that the interests of “justice and … equity” necessitated requiring an ex-husband to pay his ex-wife’s attorney’s fees in the child support action the wife initiated. The court’s ruling highlighted that, because the husband had a substantially greater ability to pay, and prolonged the trial court litigation through his failure to engage in full and prompt disclosure of his wealth, an award of attorney’s fees was proper under the statutory law.

The dispute began five years after the parents of two children divorced in 2005. The couple’s marital settlement agreement required the husband to pay family support in a flat amount from 2005-2010, and in accordance with the Florida guidelines thereafter. Unable to reach a negotiated agreement in 2010, the couple returned to court to determine the new amount of support. Despite having a net worth of nearly $5 million, the husband told the trial court he had little to no income. The trial court ultimately concluded that the husband had a monthly income of $25,000 and the wife’s income was less than $3,800.

The Orange County Circuit Court ordered the husband to pay $2,608 per month, but declined the wife’s request for an award of attorney’s fees. The trial court concluded that the wife’s 2010 action was an enforcement action related to the settlement agreement, and Florida law directed that she not receive attorney’s fees.
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This January, an Ohio father who was behind on his child support payments in an amount over $96,000 was ordered to stop having children. This type of judicial mandate, although rare, has been issued twice by Wisconsin in the past year.A father of four was first indicted in August 2011 when he was in arrears of close to $80,000. In 2013, with his unpaid child support closing in on $100,000, Judge James Walther extended his probation by an additional five years and issued this unique mandate.

Judge Walther described the need for such an extreme controversial condition: “It’s your personal responsibility to pay for these kids.” The terms became part of his probation and are not intended to be permanent, but violation of such order could lead to jail time.

An appeal is already expected as his lawyer has been arguing that the judge overstepped his boundaries, and such an order is a violation of his constitutional right of privacy. A court date for the man to reappear is schedule for July, 2013.

Individuals with children going through a divorce must be prepared for their eventual child support order. The best advice is to hire a competent family law attorney at the onset, since the initial child support order acts as a theoretical anchor for future modifications.

In Florida, neither parent may waive child support by the noncustodial parent as child support is meant for the child and should not be bargained away by parents.

Some possible punishments for failure to satisfy child support payments:

Loss of driver’s license. Oftentimes, the revocation occurs without immediate notification to the nonpaying supporter.

Interception of tax refund. Florida can and has “intercepted” tax refunds to defaulting parents.

Liens and wages. Like taxes, Florida may attach liens or garnish wages in order to satisfy outstanding debt. These methods place the debt of the child support away from the child’s needs and onto the nonpaying parent. Not only does this method affect the nonpaying parent’s cash flow but can also harm their relationship with their employer.

Bank savings. In some rarer instances, the State of Florida has been able to reach certain bank funds, and freeze others.

Harm to credit score. Different orders, defaults, or delinquency notices all appear on credit reports and harm the offender’s credit score.
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In November 2012, a fifty-year-old father of three was found and arrested in the Philippines and extradited to the US after having been featured on the Department of Health and Human Services list of “Most Wanted Deadbeats”.In 1995, a county judge in Long Island, NY ordered the man to pay $750 per week (which was eventually increased to $995), to his ex-spouse for the support of their two children. The couple had been married for 10 years, and the man’s annual income from his own business was over $500,000.

In 1997, the man moved to Florida and married his second wife, with whom he had his third child. Shortly after, the couple divorced and the man was ordered to pay an additional $625 to his second wife for child support. This is when the man fled the country.

After having paid a total of $87,000 worth of child support payments, he stopped. Warrants for his arrest were issued in 2000 and 2002. To evade payments and prosecution, he fled the country. He was located in Thailand before being arrested in the Philippines.

After being brought back to the US, the amount of child support in arrears, plus penalties and fees owed by the man, totaled over $1.2 million. Attorney Loretta Lynch described his character when she said in a statement: “Neither court orders nor the familial bond meant anything to him as he fled to avoid his obligations.” He could see a four year sentence for such support evasion, however, according to his first wife, he should be a free man to be able to work off his debt, which he is fully responsible to pay.

Florida Child Support Info
It is most advisable to contact an experienced family law attorney to assist you in calculating and submitting your financial information that will be the basis of your child support payments. Child support payments can be determined during your divorce action or possibly on a later date. Child support can also be modified due to changes in either spouses’ living situation. Courts will generally base child support on annual income, however they can take into consideration many other factors: including health costs, custody, cost of living, etc. Payments may be made weekly, biweekly, or bimonthly.

Either spouse can make a motion to court to adjust their child support for good cause. Enforcement of payments is performed by the Florida Department of Revenue. Failure to pay can lead to liens, suspension of vehicle or business licenses, harm to one’s credit score, or even prosecution.
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Last month, Miami Heat basketball player Chris Bosh spent more than two hours being questioned about his residency before an Orlando judge. The 28-year-old Dallas, Texas native maintains that although he has been employed by the Miami team for two seasons, he is still a Texas resident. Orange County Judge Robert Evans is tasked with determining whether Bosh is actually a Florida resident for child support and child custody purposes. Bosh has reportedly been involved in a support and custody battle with Allison Mathis, the mother of his three-year-old daughter, since the child’s birth.

At the Orlando hearing, attorneys for Mathis submitted a mortgage affidavit Bosh signed approximately two years ago that states he intended to make the $12.5 million home he purchased in Miami his primary residence. Bosh’s voting records were also admitted into evidence during the hearing. Bosh reportedly failed to vote in the 2008 presidential election and his name was purged from Texas voter rolls. Bosh allegedly re-registered to vote in Dallas two weeks prior to the proceeding. Although the man failed to register for a homestead exemption on his Miami property, Bosh reportedly only applied for such an exemption on his suburban Dallas home one-week before the hearing. After Bosh admitted to having an out-of-state driver’s license, Judge Evans allegedly asked the basketball player if he was aware that he was required to obtain a Florida license within 30 days of moving to the state.

Bosh’s residency is important because a Texas court ordered the basketball superstar to pay Mathis approximately $2,600 per month in child support three years ago. Mathis, a resident of Orange County, Florida, has asked the Orlando court to order Bosh to pay a larger sum each month to provide support the couple’s daughter. If Bosh is deemed to be a resident of Florida, Judge Evans could instead order Bosh to pay as much as $30,000 in monthly child support. The Orlando judge is reportedly expected to make a decision regarding the Miami player’s residency in late September.

Parents in Florida must provide financial support for their children. Any award of child support is determined using statutory guidelines that reflect the costs of medical and dental care, day care, and the amount of time each parent spends with a child pursuant to a court approved time-sharing plan. If you need assistance with a child support or child custody matter, you should speak with a knowledgeable Florida family law attorney.
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A Martin County father was recently placed on probation after pleading no contest to violating a little-known Florida law designed to ensure parents meet their child support obligations. According to a Martin County Court Clerk, the 34-year-old father was the first person in the county arrested under the law established to punish allegedly deadbeat parents. In addition to sentencing him to five years of probation, Circuit Judge William Roby also ordered the man to regularly pay the $550 per month in child support for his two children that was previously ordered by a family court judge and $69,542.88 in back child support and interest that has accumulated throughout his years of non-payment. Additionally, Judge Roby ordered him to perform 25 hours per week of community service throughout the period of his probation, pay $415 in court costs, and promptly notify the court of any changes in his employment status.

The case against this individual was filed after his ex-wife told local authorities about the little-known law. She reportedly grew weary of the man’s failure to pay his family court ordered child support. Instead, she produced contempt of court orders against him and asked Martin County authorities to prosecute her ex-husband using the third-degree felony statute. Apparently, only two other individuals in Florida have faced the same charge during the last decade.

The man in this case reportedly told Judge Roby he failed to pay his support obligations because he could no longer afford the payments due to a bad economy and the loss of his business. According to this father, his previous efforts to reduce the child support payments were denied. Assistant State Attorney Erin Kirkwood responded to these claims by stating a family court determined the man was able, but unwilling to meet his child support obligations. Although she attended the hearing, his ex-wife reportedly made no comments.

In the State of Florida, parents must provide financial support for their children. A child support award is determined using established statutory guidelines that take into account the costs of medical care, dental care, day care, and the amount of time each parent spends with a child pursuant to a child’s time sharing plan. If a parent voluntarily becomes unemployed or under-employed, a family court may choose to make an award of child support based on imputed income. Imputed income is normally established by examining a parent’s past employment record, job qualifications, and the local pay rate where the paying parent resides.
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In a recent Broward divorce case, the former husband appealed the final judgment of dissolution of marriage. He claimed that Broward Circuit Judge Alfred J. Horowitz entered a final judgment of dissolution of marriage that did not reflect a settlement agreement that was reached by the parties and subsequently announced on the record.

During the trial, the parties reached a settlement agreement which was announced on the record by the former wife’s counsel. The trial court ensured that both parties had discussed the terms and conditions with their lawyer, had their respective questions answered and were entering into the agreement freely and voluntarily. Next, the trial court instructed the lawyers to submit a proposed final judgment of dissolution of marriage reflecting the agreement announced in open court. Counsel for the former wife moved for the entry of a final judgment of dissolution of marriage when the former husband had retained new counsel, Sandy T. Fox, Esquire, who objected to the former wife’s proposed final judgment of dissolution of marriage.

At the hearing several weeks later, the former husband’s new Fort Lauderdale divorce attorney, Sandy T. Fox, Esquire, argued that the former wife’s proposed final judgment of dissolution of marriage did not reflect to the oral stipulation announced on the record. Specifically, Mr. Fox disagreed with the proposed final judgment of dissolution of marriage as it related to the duration of alimony, child support award, equitable distribution of the marital residence and the payment of attorney’s fees and costs. Judge Horowitz instructed the Broward divorce attorneys to submit a proposed final judgment of dissolution of marriage in accordance with the settlement agreement that was announced in open court.

After receiving a letter from Mr. Fox that objected to the former wife’s proposed final judgment of dissolution of marriage along with the former husband’s proposed final judgment of dissolution of marriage, the trial court adopted the former wife’s proposed final judgment of dissolution without any changes whatsoever.

The settlement agreement provided for durational alimony of $1,000 per month but did not specify that it would continue for ten years, a period of time unilaterally selected by the former wife. As such, the final judgment of dissolution of marriage was remanded for the trial court to consider the duration of alimony and make findings consistent with section 61.08, Florida Statutes (2009).
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