Life insurance-court ordered life insurance must be specific as to purpose Recent cases show that life insurance can be ordered by the court, to protect from untimely death of the pay or of child support or alimony. I.e.: if a father is to pay child support and then dies, who will pay the child support...Continue Reading
If the mother of my children wants to relocate, can I stop her? If there is an existing Order setting forth Timesharing for the Mother and or Father, any change in Mother’s address, more than 50 miles from her existing address, Florida statute requires the Mother to file a Petition to Relocate, and ask permission from...Continue Reading
Non covered medical expenses must be included in basic child support calculation. Parents are to pay expenses in accordance with their percentage share of child support. One hundred percent (100%) of the child’s monthly expenses for uncovered medical should be included in making a child support calculation. The point is: both parents are required to...Continue Reading
Does an award of child support require the court to determine net income of each parent…and include findings? Yes; the failure to make adequate findings may result in a child support order being reversed. The court must determine the net income of each parent pursuant to Sec. 61.30. For includable income see Sec. 61.30(2). For...Continue Reading
Can the judge restrict someone from filing motions? Yes, but courts generally do not have authority to restrict a litigant’s access to the courts unless the litigant is abusing the legal process. See Sec. 68.093, Fla. Stat. 2008 Florida’s Vexatious Litigant Law. Cases have held that this vexatious litigant law is constitutional and remedies problems...Continue Reading
Child support modification – notice is required –due process requires that a request be made Child support modification – notice is required – due process requires that a request be made A court cannot modify a child support award unless the issue was presented…with sufficient notice and an opportunity for the non moving party to...Continue Reading
What if the court finds the husband indigent for filing fees – Can the court order incarceration for unpaid child support? – NO What if the court finds the husband indigent for filing fees – Can the court order incarceration for unpaid child support? – NO; These are inconsistent. The court in Bowen v. Bowen...Continue Reading
Magistrate can reject testimony regarding income – Can he do that? A magistrate has to be considered like a judge, with ability and power to make findings of fact. In plain English, the magistrate determines what the facts are (what happened) and then applies the facts to the law and makes a recommendation to the...Continue Reading
“Child Care Costs” Must Be Spent To Be “Child Support” “Child Care Costs” Must Be Spent To Be “Child Support” An expense must be actually incurred before the expense (child care costs) can be considered for purposes of calculating child support obligations. See FS. Chapter 61.30 provides for child care. In plain English, if you...Continue Reading
Why can’t I appeal my child support obligation? Bowers v. State of Florida, Department of Revenue Why can’t I appeal my child support obligation? Lawyers, and clients, are constantly reminded of the importance of presenting evidence in court. If an issue is important to you, make sure to inform your lawyer of all the facts...Continue Reading