The Lengths to Which Courts can Go to Collect Child Support Payments

The court system can go to great lengths to collect overdue child support payments. These are some of the ways that courts can take money from you and apply it to child support if you do not pay:

• Garnishing wages
• Seeking bank accounts
• Selling assets from your estate (even death cannot get you out of the obligation to pay child support)
• Additionally, the court can impose the following non-financial punishments for failure to pay child support:
• Contempt of court
• Suspension of driver’s license
• Suspension of passport

The Courts Generally Treat Child Support and Visitation as Unrelated

If you do not keep up with child support payments, the court can interfere greatly in your finances and in other aspects of your life, such as your right to drive and travel. What it cannot do is take away your right to spend time with your children. Parenting plans deal with every aspect of raising children after divorce except financial ones. For example, they specify which days, including which holidays, the children spend with each parent, and they specify which parent has the right to make certain decisions regarding the children’s education and health. The idea is that money comes and goes, but parent-child relationships are forever. Besides, the courts generally hold that it is in the best interest of the children to spend a substantial amount of time with both parents, regardless of financial circumstances. Conversely, having little or no visitation time with the children, even being estranged from them completely, does not erase child support obligations.

Contact Alan Burton About Enforcement of Child Support Orders

It can be frustrating if your former spouse does not make the child support payments that the court ordered as part of your divorce. Contact Alan R. Burton in Boca Raton, Florida to help get the child support money that is owed to you.

Florida is, however, in the minority when it comes to utilizing SSI benefits for child support calculations.  Most states exempt this type of income from an individual’s gross income when it comes time to calculating their gross income.

In Florida, child support is calculated by utilizing a formula which includes the gross income of each party from all possible sources.  Florida Statute 61.30(2) provides a non-exclusive, detailed list of items that are included in a person’s gross income in order to arrive at an accurate amount of child support that is to be paid in any particular case.

Included in the list of varying types of income is of course SSI benefits.

There is a rather unusual twist under Florida law regarding SSI benefits.  The law states that although the SSI benefits are included in your income to calculate child support, the parent who is receiving SSI benefits cannot be required to pay child support from those benefits, if that is their only source of income.  That particular provision of Florida law is found in Florida Statute, section 409.2561(4).

The calculation of child support frequently involves questions concerning what particular source of revenue might in fact be considered income for purposes of calculating child support.

When the case involves two salaried employees who receive paychecks weekly or biweekly, it makes the calculation rather straightforward.  The amount of income attributable to an individual can become much more complex when that individual owns his own company or business.  In that particular case, even though the individual may be deducting legitimate expenses on his tax return, the courts may not be as generous and flexible in allowing those deductions from the person’s gross income when it comes time to calculating child support.

What about public assistance that a person receives, such as temporary cash assistance or food stamps?  Are these items included in a person’s gross income for purposes of calculating child support?

The answer is no.  The Florida Legislature clearly stated that public assistance benefits are not included in your gross income.  The Legislature did however, make it clear that SSI benefits are included in your gross income.

Every case that is filed in the State of Florida which involves minor children, whether it be a divorce case or paternity case, involves the calculation and completion of child support guidelines worksheets.  The worksheets should be completed accurately, so that if you are the recipient of child support, you want to be sure that you are receiving the maximum benefit allowed by law.

A detailed analysis of Social Security disability income, as well as other types of state subsidies can be reviewed in the case of Kemper v. the Department of Revenue.  This case will provide a you with a clear understanding of how government benefits relate to child support issues.

As can be seen from a review of this article, there are many nuances under Florida law in reference to the calculation of gross income for child support purposes.  Although you are always free to represent yourself in court as a “pro se” litigant, it is always better to have an attorney by your side who has the knowledge and experience in dealing with complicated child support issues. Alan R. Burton, a divorce attorney in Boca Raton, Florida has over 40 years of experience dealing with cases involving children and child support.  Call him today at 954-295-9222.

When you are seeking review of an inaccurate calculation for child support, generally the lack of having a transcript of the of the record from the trial court will be fatal to your review of any errors.  However, child support is a whole different matter, separate and apart from review of alimony or equitable distribution errors.  The reason for this is that child support is not a requirement imposed by one parent on the other, rather it is a dual obligation imposed on the parents by the State of Florida.  See Quinn v. Quinn, 169 So3rd 268 (Fla. 2nd DCA 2015).

The right of child support is a right that belongs to the child, and the parents do not have the right to waive the amount of the child’s support.

When minor children are involved in a proceeding, a parenting plan will have to be either executed by the parties, or determined by the court.  Additionally, a child support guideline worksheet must be filed in the case.

You must exercise caution in making certain that the number of overnights that each parent has, as provided for in their parenting plan, are the same number of overnights utilized in the calculation of child support in the child support guideline worksheet..

If not, when a discrepancy like this occurs, it is impossible for an appellate court to determine whether or not an unintentional mistake was made, or the number of overnights were intentionally contradictory in order to arrive at a certain amount of monthly child support.

Florida law does provide for a deviation in the amount of child support provided for under the guidelines.  A trial court has a right to deviate from the guidelines by more than 5% of the amount stated in the guidelines.  However, a final judgment must specify all the various findings in order to justify a deviation of more than 5%.

There is a point to be made here.  If the intention was to create a deviation from the Florida child support guidelines amount, be certain that the final judgment specifies all the reasons why a deviation is occurring, otherwise your case may be reversed on appeal.

No one likes to face the unnecessary expense involved with an appeal.  It is important to get things right the first time.  Call Alan R Burton, a Boca Raton divorce attorney for valuable advice regarding parenting plans, child support, overnight time-sharing, and any other matters related to family law and divorce.  Mr. Burton professionally represents individuals in divorce cases at the initial trial level, as well as the appellate level,

Mr. Burton can be reached at his office or on his cell phone any time of the day or night, 7 days a week. Call him today at 954-295-9222.

Florida Statute 61.30(1)(a) specifically states that the child support guideline amount is utilized to establish the amount of child support,  whether in a temporary or permanent proceeding.

When the court is assigned the task of determining the amount of child support that is going to be paid, a trial court is permitted to deviate from the amount of child support as provided for in the guideline amount, based on a myriad of different factors, as noted in Florida Statute 61.30(1)(a)(11).  There are 11 separate factors itemized under this statute which provide for different scenarios for deviating from the child support guidelines.  Take a few moments to read through that section to see if any of the listed factors will provide you with a basis to seek additional child support over and above the amount as set forth under the child support guidelines.

Before a court is in fact authorized however to deviate, the amount of child support pursuant to the guidelines must be first determined.

Child support is a right that belongs to your child. Parents do not have the right to waive the amount of child support that the child or children will receive.

If you want to be sure that you are maximizing the amount of child support for your children, or that you are paying the appropriate amount of child support, you need the advice of an experienced Boca Raton divorce attorney like Alan R. Burton, who has been practicing law for over 40 years. Call him today at 954-295-9222. He can help you.