The recent veto by Governor Rick Scott of SB 668 will have a significant impact on divorcing couples across the state of Florida. The bill included provisions that Scott found troubling, including the required assumption that each parent is entitled to equal time with children if no mitigating circumstances are present. Other changes that would...Continue Reading
Can a parent be held in contempt for not paying agreed-upon college tuition expenses? If an agreement contains an ambiguity regarding an obligation to pay tuition for an adult child, the court must first determine the intent of parties when they executed the agreement. Where a party is obligated to pay college expenses pursuant to...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
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
“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