Child Support: What is not income for calculations.

Florida Statute 61.30 outlines what constitutes income for the purposes of calculating child support. Many times, I get parties, and even some attorneys, who will point to sporadic large deposits into a client's bank account. Many times, these are loans, cash-ins from other investments, or gifts. Unless these funds come from work or are regular monthly "gifts" from people like parents, it is not income for the purposes of calculating child support. The main clue is whether or not these are regular Read more

Adultery and Divorce in Florida

IT DOESN'T MATTER ! EXCEPT if it leads to squandering of marital income or assets. If he or she is spending money on the "friend", the judge can disregard any claim that as an expense, obviously. If expensive gifts are bought for the "friend", the money for those expenses is still considered part of the marital assets and will come out of the offending spouse's share. Lastly, if there is inappropriate behavior in front of the minor children, the judge can consider that when deciding related issues Read more


Many divorce and paternity cases are settled by a written agreement between the parents. But before it becomes part of the final judgment in the case, the Judge is going to carefully review any issues regarding the minor children involved. If he believes that the agreement is not in the best interests of the minor children, he will not accept that part and send the parents back to talk or make decisions him/herself. Best interests of the minor children will always govern over the wants of the parents. Read more


 If the husband and wife have a small family business, particularly incorporated, it is a marital asset which would be subject to evaluation and if possible, division. Sometimes, a third person is involved. If this is the case, the corporation or entity must be joined as a third party to your "lawsuit" for divorce so the Court has authority to resolve issues regarding that business. This is not necessary with large, publically traded corporations like Amazon or GE. The shares are the marital assets.  Read more


If it has been a few years or one knows of or has had a substantial change or income which may affect child support or alimony, one way or another, it may be worth while to consult an attorney about modifying the present court support order. If a person has been laid off or has had a substantial increase of income where employed or moved to better employment (either side), it is possible for a change. If one person is not exercising his/her share of timeshare with his/her children, again, a change Read more

Child Support: Driver’s License and Passport Suspensions

It's pretty well known that if you get behind of your child support past a certain amount, the Florida Department of Revenue or the judge will suspend your driver's license if you are without a sufficient reason. You then have to ask the judge or DOR to reinstate it. An attorney may be able to negotiate that for you. When it comes to a U.S. passport, not so easy. If you get behind $2500 or more, you can't get a passport. Done deal, no "ifs", "and" or "buts" Title 22 of U.S. Code,  Section 51. Read more


Despite attempts by Florida legislature, there is no exact formula for a judge to use in calculating alimony. The are length of marriage guidelines in Florida Statute 61.08. The amount? Factors: Payee's need versus payor's ability to pay, lifestyle standards at the time of marriage, debt and assets, age, health, education, experience, just to name a few. Some judges use an equalizing of income formula. In other words, make it so both have the same income after the payment of alimony. I will say that Read more


You cannot orally modify child support or alimony. You have to go back to court and have the final judgment changed. The standard is an unanticipated, substantial and material change of circumstances. If you're the one paying, taking care of extras like a child's car payments, or summer camp, which are outside the order, is not considered modification. And you may only get credit for past payments for those things if there's an agreement between the parties. Better get it in writing. But again, that Read more


If you have a parent who keeps missing a substantial amount of court-ordered timeshare days with his/her children, it is possible to have a judge modify the schedule, adjust child support, and compensate you for the extra time you had the children. After all, the more the children are with you, the more money you spend on them. However, it is sad that a parent will forego seeing his/her children. See an attorney for more information.


First, a child born in a marriage is, of course, presumed to be legitimate. Out of marriage, the legal presumption is when the alleged father signs the birth certificate. Remember, however, it does not give him fatherly rights. He needs a court order for that. An outsider to a marriage can't sue for paternity; he has no "standing". The courts want to protect the legitimacy of a child of a couple; biological or not. A father can file to disestablish paternity if evidence comes up that he isn't. Some Read more
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