What in the world does this mean “clean hands”?   “Clean hands” simply means that you must act in good faith when you appear in court.  You cannot expect to be rewarded for bad behavior when you appear in court.  You must act in good faith, “have your house in order”, and be candid and honest with the Court.  This is what “clean hands” means.

The clean hands doctrine frequently arises in supplemental petitions for modification of alimony or child support.  A party may be seeking to reduce the previously ordered obligation for support, based upon a change in their financial circumstances.  Often times these individuals will have a large, accrued balance, of either child support or alimony arrears.  If you fall into this category and proceed to court seeking relief,  you better have a good explanation as to why you have not been paying the previously ordered amounts for either alimony or child support.

Unless you can explain that you simply did not have the ability to pay the previously ordered support obligations, your supplemental petition for downward modification will in all probability be denied.

When you are seeking to reduce your support obligations, you must also allege in your petition that your inability to pay the amounts which were previously ordered was not intentional, but simply beyond your financial means.  If you fail to allege this, your petition seeking relief will most likely not be granted.

The representation that you make to the court in your pleadings, regarding your inability to pay, is an example of you having “clean hands”, rather than you simply disobeying a court order.

Another way of stating this doctrine, is that if you are seeking equity or fairness from the court, you yourself must be doing equity and act in a fair and reasonable manner.

There are hundreds and hundreds of cases that talk about the equitable doctrine of “unclean hands”, which can be utilized as a defense when the other party seeks a reduction in his or her support obligations.

One example of this principle is found in the case of Jenkins v. Jenkins.  Mr. Jenkins owed over $24,000 in child support payments.  He filed a supplemental petition to reduce his child support payments claiming that he did not have the financial ability to continue to pay the court ordered obligation.  He was successful with his case at trial, however, on appeal, he was not as fortunate.  The appellate court reversed his good fortune, simply because he did not allege nor prove that the failure to pay the previous amounts of child support were not willful and intentional.

If you have an arrears, it does not automatically mean that you can’t get a future, prospective reduction from your support obligation.  It simply means that you need to be prepared to show that you were financially incapable of complying with the previous child support order.  For a good discussion of these various concepts, you can read the case of Blender v. Blender.

A continuing default in court ordered obligations simply does not bode well when you come to court asking for financial relief.  This would be especially true if you are gainfully employed throughout the period of time that you are either not making any support payments, or not making the full amount of court ordered support obligations.  In Feder v. Feder, the former husband ran into the same difficulties that Mr. Jenkins ran into.  Mr. Feder was unable to prove that he lacked the financial ability to comply with previous court orders, and therefore his supplemental petition for downward modification of support, originally granted at the trial court level, was ultimately reversed on appeal.

Filing a supplemental petition for downward modification of support must contain the proper language, demonstrating good faith, if you expect to receive favorable treatment by the court.  Contact Alan R. Burton, an experienced attorney who practices primarily in Palm Beach County and Broward County. Florida, who can appropriately and professionally represent you, either in the pursuit of your petition for modification, or in defending you in a modification proceeding.  Mr. Burton can be reached at 954-295-9222.  He stands by ready to take your call.

In child support modification proceedings, Florida Statute 61.30(14) provides that the respondent shall include his or her financial affidavit with the answer to the petition no later than 72 hours prior to any hearing regarding the finances of either party.

The requirement to provide a financial affidavit in supplemental proceedings cannot be waived by the parties.

If a party submits or attempts to submit a financial affidavit within the minimum time frame of 72 hours before a hearing, the other party should timely file an objection to the admissibility of the affidavit.  The prejudicial effect in allowing the admissibility of the financial affidavit on short notice is reversible error.

A good example of the importance of timely filing a financial affidavit can be found in the case of Gilroy v. Gilroy, 163 Southern 3rd 674 (2015).  In this particular case, the former wife filed her financial affidavit, for the very first time, the day before the hearing.  The trial court admitted the financial affidavit into evidence over the former husband’s objection. In accordance with the rule, the appellate court reversed the trial court, based upon the husband’s timely objection and prejudice that he would suffer.

Careful attention should be given to the preparation of a financial affidavit.  If you require assistance in the preparation of your financial affidavit, or are seeking further advice regarding your pending dissolution of marriage action, paternity case, or modification proceeding, you should contact the law offices of Alan R. Burton, located in Boca Raton.  Call today and speak directly to Alan R. Burton,  an experienced family law attorney, at 954–295–9222 or 954–229–1660.

There are two important exceptions under Florida law to the rule that child support terminates on the child’s 18th birthday and these exceptions are as follows:

• The child is 18, lives at home, attends high school, and there is reasonable expectation that the child will graduate before their 19th birthday; or
• The child is over 18 but remains dependent on their parents because of mental or physical incapacity that started when they were younger than 18.

The second exception is important for any parents of children who are either born with a disabling condition, develop a condition during childhood, or who sustained a catastrophic injury that left them unable to care for themselves.

Does Your Child Qualify for Extended Child Support?

The important factor in determining whether an adult child will qualify for child support is whether the child is “dependent” on their parent for support. Some courts equate dependency with “disability” while others state that dependency requires an adult child to suffer from a “serious” mental or physical incapacitation. In some cases, it is clear that an adult child cannot care for him or herself while, in others, the discretion to interpret the law and determine whether extended child support is warranted rests with the court.

For example, if a child is completely unable to work due to mental or physical impairments, the finding of dependency would be likely. On the other hand, if a child has an illness or impairment but can hold a job and/or live on his or her own, he or she would likely not qualify as dependent. Many cases, though, fall somewhere in between. For example, a gray area may exist in the case of an adult child who has a moderate psychological condition or partial physical impairment and lives at home for assistance. The court may decide that, while the parent does provide support, the child is actually capable of supporting him or herself and may not extend the child support obligations. In such cases, it is imperative to present your case to the court in a way that supports your position.

A Qualified Child Support Attorney in Boca Raton Can Help You Today

If you are facing a child support determination and have a disabled child, you should always have an experienced child support lawyer representing your interests. Additionally, you should call an attorney as soon as possible if you believe an existing child support order should be modified because your child has become incapacitated. Caring for a disabled child is difficult enough without having to worry about financial obligations. Please call the family law office of Alan R. Burton at 954-229-1660 for a free consultation today.

The court orders a certain amount of child support based on your situation at the time of the ruling, and the courts do not attempt to anticipate your future financial circumstances. Therefore, if you lose income or your other expenses increase, it is understandable that paying child support may become challenging or even impossible in the future. Unfortunately, failing to pay child support can have serious consequences in Florida, but you have legal options to try to make your child support more manageable to avoid these consequences.

Possible Actions Against You

The Florida Department of Revenue has a Child Support Enforcement team that can take various actions if you are not making your payments on time. This department can take the following actions against you:

• Wage or bank account garnishments
• Suspension of your driver’s license
• Suspension of a professional or business license
• Interception of your tax refund
• Interception of any lottery winnings over $600
• Withholding of a certain amount from worker’s compensation or unemployment benefits
• Liens on your personal property
• Reporting the late payments to your credit bureau
• Disallowing you from receiving a passport
• Requesting that the civil court enforces the order and hold you in contempt if you do not comply
• Seeking assistance from the Office of the Inspector General to impose fines and/or jail time

Child Support Modifications

Fortunately, you have other options when you cannot pay your child support than simply facing the above consequences. If you have had a substantial change in circumstances, Florida law allows you to petition to court to modify the amount of support ordered in light of the change. This will require you and the other parent to go back into court, however, and the other parent will have the opportunity to argue that the support should not be lowered. Additionally, you should note that, if you have quit your job or are underemployed by your own choice, the court will likely not approve a modification. However, if your new circumstances are beyond your control, you will likely be eligible for a modification so that you can resume making payments.

Call an Experienced Boca Raton Child Support Attorney to Discuss Your Situation

If you realize that you cannot afford to pay your full child support payments, you should never simply stop paying and ignore the situation, as that can result in serious, often irreversible consequences. Instead, your first call should be to a qualified family lawyer who can help you explore your options for making your payments more manageable. Attorney Alan R. Burton in Boca Raton understands Florida laws and how to best apply them to your situation to protect your best interests. Please call our office for assistance at (954) 229-1660 to learn how we can assist you.

A modification of child support, or alimony as well, is based upon an unforseen, involuntary, permanent and substantial change in circumstances. Florida statute 61.14 provides the statutory basis for a modification of child support and alimony.

If the court, after entertaining a petition for modification of support, either upward or downward, finds that there was a change in circumstances, or the financial position of either party has changed, the court can enter an order, retroactive to the date of filing the petition, granting the modification.

Often times it takes a considerable amount of time to have a matter scheduled for hearing before the court. The length of time varies between the particular judge and the courthouse in which the petition is pending.

This is the rational behind the rule that petitions , if granted, are retroactive back to the date of filing. There is one important exception to this rule. If a parent seeks an upward modification of child support when the obligor is not exercising the agreed upon time sharing, the modification of that particular support obligation is retroactive to the date when the obligor first stopped adhering to the agreed upon time sharing schedule.

Terrell Owens, a well known player in the NFL, was recently seeking a reduction of his child support obligations. His claim was based upon his current state of financial affairs. His efforts to reduce his support obligations would most likely have been successful, but for the fact that he most recently signed a new contract with the Seattle Seahawks for a reported sum of $1,000,000.00.

The case of Terrell Owens illustrates the point well. In order to obtain financial relief, there must be a certain degree of permanency in the change of one’s financial picture, not merely a temporary one.

If you have circumstances that you believe would warrant either an increase or decrease in your support obligations, you can call the law office of Alan R. Burton anytime. With over thirty years of experience in family law matters, Mr. Burton is well qualified to assist you with your questions. He maintains offices in Boca Raton and Fort Lauderdale, Florida. Feel free to call him today. He will be available to discuss your case.