Child Support A Court is not bound by an agreement between the parties concerning child support. “It is undisputed, and should be indisputable, that a trial court’s responsibility to the child cannot be abdicated to any parent, any expert. That heavy responsibility mandates that a court is not bound by…
The income of the parents, not the income of the caregiver, is to be used when calculating child support “Thus, it is evident that the income of the parents-not the income of the caregiver-is to be used when calculating the child support guidelines under chapter 409.” Dep’t of Revenue o/b/o…
Enforcement of contractual Obligation to Pay College Expenses in Florida Contempt is not available to enforce an obligation to pay college expenses. “Where a party is obligated to pay his adult child’s college expenses pursuant to a marital settlement agreement, the obligation “is not child support, but rather a contractual…
Child Support – Life Insurance in Florida A court cannot order a party to maintain life insurance without a request from one of the parties. “It is true that section 61.13(1)(c),Florida Statutes (2010), provides that the court may order a party to maintain life insurance to protect an award of…
Florida Rulings Child Support – Enforcement Hearing in Florida A party who is called by his opponent to testify on direct, has the right to testify during rebuttal as well. “Accordingly, we reverse the order finding appellant in contempt. Further, on remand we direct that a new evidentiary hearing be…
Florida Rulings Child Support – Financial Affidavits in Florida Both parties must file financial affidavits for the trial court to award child support. “The appellant, Ari Palewsky, in this appeal from an order approving a magistrate’s report determining paternity and awarding child support, submits that, because the mother had not…
Trial court is required to appoint a guardian ad litem to determine child’s best interests. “For example, if paternity is contested, the child’ s legitimacy is at issue, and the legal father has not had notice or an opportunity to be heard, the trial court is required to appoint a…
A putative father seeking to avoid a paternity test can raise the Privette presumption. A putative father seeking to avoid a blood test may raise the presumption in the context of his privacy interest. See Privette, 617 So. 2d at 309 n.8 (Fla. 1993) (‘By asserting a privacy interest the…
Department of Revenue in Florida Department of Revenue (DOR) can file paternity action against both legal and biological fathers. “DOR’s position is that it may file a paternity action against both the legal father and biological father, and that the issues of the best interests of the child and the…
Paying Interest on Child Support In Florida – Circuit Court Ruling A payor is required to pay interest on arrearages in child support. “We also hold that it was error for the circuit court not to require the father to pay interest on the arrearage. See id. (‘The former wife…