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…
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 trial court may disregard the parent’s agreed upon time-sharing agreement, if it is not in the best interests of the children. “Prior to entry of the final judgment, the former wife filed a motion to set aside the MSA and parenting plan, alleging that the MSA was invalid and…
A Court is not bound by an agreement between the parties nor by opinions of experts concerning time-sharing. “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…
Child Support Award Modification – Date on Which the Modification Takes Place in Florida When the court makes an allocated award for each child, the modification is retroactive to the date the child reaches majority, and pre-dates the filing of the modification petition. “Furthermore, when the issue is arrearages, the…
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…
Child Custody & Visitation – Delegation of Decision Making Authority in Florida A court cannot delegate parental decision making authority to a third party. “In the event of a deadlock between the parents regarding these issues, the dispute must be presented to the trial court for resolution in accordance with…
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…