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.

What You do and Do Not Owe After Filing for Bankruptcy in Florida

Bankruptcy can free you from many of your debts. Debts that are “discharged” during bankruptcy are no longer your responsibility to pay. It does not, however, free you of all your financial obligations. With car loans and home mortgage loans, the car or house is collateral, meaning the lender can repossess it if you do not pay. If you declare bankruptcy, the lender can no longer pursue you for payments, but they can take back your car or house that is securing the loan.

Some debts, however, are non-dischargeable, which means that you still owe them even if you declare bankruptcy. Many non-dischargeable debts are obligations imposed on the debtor by a ruling in court. The following debts are non-dischargeable according to Florida bankruptcy laws:

• Child support and alimony, including back child support
• Settlements you must pay if you are held liable in a personal injury case
• Fines for illegal acts, including everything from speeding tickets to fines included as part of a sentence for a criminal conviction
• Most tax debts
• Student loans

Is it Ever Possible to Get Out of Paying Child Support?

It is virtually impossible to get out of back child support obligations except by paying them. You can, however, avoid accruing new child support obligations under the following circumstances:

• The child for whom you were paying child support becomes a legal adult or becomes legally emancipated.
• You voluntarily terminate your parental rights. One example of this happening is when a stepfather legally adopts a child and the child’s biological father legally terminates his parental rights.
• One parent submits a statement to the court, certifying that he or she does not need additional financial support from the child’s other parent.

In general, Florida regards financially supporting a child as a nearly inalienable obligation on the child’s parents. As long as you are the legal parent of a minor, you have an obligation to financially support your child. If you declare bankruptcy, it will not make your child support debts go away. You can, however, show the judge your declaration of bankruptcy as proof of your financial hardship. Some family court judges may take this as grounds to modify the payments you owe, at least temporarily.

Contact Alan R. Burton About Child Support Cases

Alan R. Burton deals exclusively with family law cases. Contact Alan R. Burton in Boca Raton, Florida if you think that your financial situation warrants modification of your child support obligations.

The Children’s Best Interest

Every question related to a parenting plan is, at its core, about the best interest of the children.  Education is one aspect of child-rearing about which parents are likely to have strong opinions.  Some parents feel that sending children to a private school, even if it requires great financial sacrifice on the parents’ part, is the only way to ensure that the children study in a safe environment where teachers are genuinely invested in the children’s success. Others feel that private school tuition is an unnecessary expense and that parents could help their children more simply by saving money to help them with college tuition and other expenses related to early adulthood. The education issue is a perfect example of why parenting plans are individualized and not one size fits all.

In determining whether it is in a child’s best interest to continue attending private school after the parents divorce, judges tend not to take a position on whether the education the children will receive at a private school is better than what they would get at a public school. Rather, their aim is to cause as little disruption to the children’s lives as possible. If the children are already attending a private school, they have probably already formed friendships with their classmates and gotten used to having the teachers and school staff as a presence in their lives. Making them move to a different school would add another difficult adjustment to an already disruptive period in their lives.

Maintaining the Standard of Living

In determining amounts of spousal support and child support, judges take into account the family’s standard of living before the divorce. The idea is that it is not fair for one spouse to have to live much more modestly after the divorce than during the marriage, while the other spouse goes on with life as normal. Likewise, spending less time with the children after a divorce does not mean that you have less of a responsibility to support them financially. Forrest v. Ron was a Florida case involving child support obligations related to private school tuition. The court ruled that the parents had agreed to keep the children in private schools until they completed third grade; therefore, the children’s expenses, on the basis of which child support obligations were determined, reflected this.

Alan R. Burton can Help with Parenting Plan Questions

Every family is unique, and therefore, so is every parenting plan. Contact Alan R. Burton in Boca Raton, Florida if you think your parenting plan should be modified to better reflect your family’s needs and goals.

Regardless of the fact that there are far fewer true deadbeat dads in real life than there are in the popular imagination, child support obligations are not the only reason that Florida’s family courts make decisions based on someone’s imputed income. The Koscher v. Koscher case involves the divorce of a wealthy couple who did not have minor children at the time of the divorce. Instead, the judge relied on imputed income purely to determine alimony payments.

What is Imputed Income?

In short, imputed income is estimated potential income. When a supporting spouse (or a parent paying child support) is earning an income, the courts base the amount of support payments on the income amount. If the court determines that the person is voluntarily unemployed or intentionally earning less money than he or she could, the court bases the support payments on what the person should be earning based on his or her previous work experience and previous income amounts.

The Koscher v. Koscher Case

At the time of their divorce, Daniel and Marcie Koscher had been married for 30 years and had two adult children. Marcie had been unable to work throughout their marriage because of chronic health problems, and both spouses agreed that she should receive permanent alimony. Where they disagreed was on the amount of alimony. At the time of the divorce, Daniel was receiving severance pay from a job that had laid him off. Instead of looking for another job, he tried to start his own company, but it did not become profitable. Three years after the divorce, the court ordered him to increase his support payments, and it based the amount on an imputed income of $850,000 per year. (During the last years of the marriage before being laid off, Daniel’s income had ranged from $450,000 to more than a million.) The court decided that Daniel was voluntarily unemployed and that three years was plenty of time for him to find a new job.

Contact Alan Burton About Imputed Income Cases

Decisions involving what someone “should” earn are always fairly subjective and not set in stone. Contact Alan R. Burton in Boca Raton, Florida, if you think the court has imputed too much income to you or too little income to your former spouse.

The Facts of the Parker v. Parker Case

Parker v. Parker made news as the case in which a Florida court ordered a man to continue to pay child support for his ex-wife’s son even after a DNA test proved that he was not the child’s biological father.  When Richard Parker and his wife Margaret initiated their divorce, their son was more than a year old. The court ordered Richard to pay $1,200 per month in child support.  Richard fell behind on the child support payments, and the court tried to enforce payment of them. Richard responded by expressing doubt that he was the child’s biological father, as Margaret had been unfaithful to him during the marriage.  Even after the family underwent DNA testing, and the results showed the Richard was not the biological father, the court required him to continue paying child support. Why would a court order a man to pay child support for a child of whom he was not the biological father and whom he did not adopt?

Protecting the Best Interest of the Child

The short answer as to why the court did not release Richard Parker from his child support obligations is “statute of limitations.” The court argued that if Richard had serious doubts about his genetic relationship to the child, he should have raised the issue at the time the divorce papers were filed. The statute of limitations would have given him one year from the time of filing. In actuality, he waited 16 months. To the court, it appeared that Richard only thought to challenge his paternity as a last resort to get out from under a heavy burden of child support obligations.

In awarding rights and obligations to a child’s legal parents, the court must prioritize the best interests of the child. Richard Parker had raised his wife’s son since birth and he seemed to want to continue to be involved in the child’s life, even after the results of the DNA test were revealed.  The family court system is committed to seeing that children are cared for and financially supported; it protects them from being used as a weapon by adults, to punish their ex-spouses.

Alan R. Burton Will Protect Your Child’s Interests and Yours

Paternity is one of the most complex issues in Florida law, and one where a wise and compassionate attorney is most needed.  Contact Alan R. Burton in Boca Raton, Florida about cases involving paternity and child support.

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.

The law is clear however, that in order to include bonus income in a child support calculation, there must be evidence that the bonus is regular and continuous before it can be included in a party’s income for purposes of calculating child support.

In Rudnick v. Rudnick, 162 So 3rd 116 (Florida 4th DCA 2015), the husband experienced a substantial spike and his income for the year of his divorce.  He testified that he was a political consultant, who experienced an unusually high level of income in the year 2012 due to the presidential election that year.

The husband further testified that the spike in his income would not continue in future years, which was substantiated by looking at his annual earnings during the years prior to the election.

An unusual spike in income, not likely to continue into the future, is simply not sufficient to support a child support obligation. Rather, the court should look at the historical earnings previous to any unusual spike in income for a more realistic approach to calculating child support.

There are many nuances that go into the calculation of child support.  If you are unsure of your rights or what your obligations may be, call Attorney Alan R. Burton, with offices in Boca Raton and Fort Lauderdale, Florida at 954-295-9222.

The Legislature has made adoption assistance, including financial aid, available to prospective adoptive parents who adopt a child with special needs through the state’s foster care system.

The purpose of the adoption subsidy is to encourage individuals to adopt special-needs children by assisting the parents with the extra care a special needs child requires.

A subsidy paid by the state is not to be treated as a credit towards a child support obligation.  However, the subsidy is to be divided between the parents based on the percentage of time sharing that each receives under their parenting plan. Tluzek v. Tluzek, 179 So3d 455 (Florida 5th District Court of Appeal 2015).

The trial court had committed error when the court initially credited the full amount of the adoption subsidy against the child support obligation.  This resulted in a negative child support obligation, and a corresponding payment back to the father from the mother, who was the primary caregiver for the child.  This result was obviously inconsistent with the legislative intent regarding adoption subsidies, and the trial court was promptly reversed.

Although the issue of adoption subsidies doesn’t arise very frequently, you should be able to call upon an attorney who is very familiar with adoption subsidies and other unique situations.  Only an experienced attorney, with several years of trial experience, should be called upon to address these unique situations.  Alan R Burton, an experienced divorce lawyer in Boca Raton, Florida, has over 40 years of experience, and has dealt with this issue as well as other complicated issues over his many years as a divorce and family law attorney.  Alan R Burton makes himself readily available, and will provide you with a free consultation, simply by calling him at (954) 229-1660 or 954-295-9222.

Florida law authorizes a court to impute monthly income to a voluntarily unemployed parent.  Florida Statute 61.30(2)(b) authorizes the imputation of income.

A trial court must engage in a two-step process when they are asked to impute income to an unemployed parent. First, the court must conclude that the termination of income was voluntary.  An example of voluntary employment occurs when you are terminated from your employment based on your own actions or misconduct.  See the case of Heard v. Perales ( Florida 4th DCA 2015) for a further discussion on this topic.

Second, once a court determines that the unemployment was voluntary, the court must then consider whether “the subsequent unemployment” resulted from the spouse’s pursuit of his or her own interests or through less than diligent and bona fide efforts to find employment paying income at a level equal to or better than that formerly received.”  Diligence or lack thereof in seeking employment is the key to the second step.

If you are looking to impute income to your spouse, the trial court places that burden of proof squarely on your shoulders.  You must prove both employability and that jobs are available to your spouse.  See the case of Durand v. Durand, 16 So.3rd 982, 985 (Florida 4th DCA 2009).

The welfare of your minor child in a divorce case should be your primary concern.  Maximizing the child support that you will be collecting for the benefit of your child should not be overlooked.  Every factor involved in the computation of child support should be carefully examined,  and Boca Raton Divorce Attorney Alan R. Burton has the experience you need to assist you in maximizing the child support you receive.  Call Attorney Alan R. Burton today at 954–295–9222 for  a free consultation and assistance with your case.

Before a court will grant your divorce, you and your spouse must settle numerous issues including:

• Property and debt division;
• Child support;
• Time-sharing and visitation;
• Parenting plans;
• Alimony.

If any one of those issues cannot be settled out of court, the divorce can be delayed as the court will have to decide for you. You and your spouse will have to present evidence to support your arguments for how you want to resolve the issue at trial and the judge will rule on the matter.

A recent divorce case demonstrates just how much a divorce case can be affected by adversarial disputes instead of cooperation. After 25 years of marriage, the wife of the founder of Cancer Treatment Centers for America filed for divorce. The filing occurred in 2009 and the case is still dragging on due to several disagreements regarding a prenuptial agreement, custody, and division of their millions of dollars in assets. The case has involved numerous hearings, appellate hearings, changes of lawyers, contempt orders, and other complications, and is now finally going to trial over asset and property division. In the meantime, both spouses have likely spent an enormous amount of money, stress, and time dealing with the divorce proceedings and have been unable to remarry since their marriage is not yet dissolved after more than six years.

Finding Ways to Come to a Resolution

It is unreasonable to expect every divorcing couple to agree on every issue. However, there are numerous ways to facilitate cooperation and agreement even if spouses do not initially agree. Some options for couples to resolve issues in a more efficient and amicable way include the following:

• Mediation;
• Collaborative divorce;
• Negotiation.

It is important to explore one or more of these options before you take your case to court for a more costly and time-consuming resolution. In addition, the above methods allow you to settle matters on your own terms because, when you go to court, the ruling is out of your hands.

Discuss Your Case With an Experienced Boca Raton Divorce Attorney Today

At the law office of divorce lawyer Alan R. Burton, we understand the importance of an efficient resolution in a divorce case so that you can move on with your life as soon as possible. However, we also know that agreement is not possible in every case. For this reason, we will help you explore every possible option to come to an agreement, however, are also prepared to represent you in court if it is necessary for a fair and favorable result for you. If you are considering divorce, please call us as soon as possible at 954-229-1660 for a free consultation.

Being a stay-at-home parent is never easy, as there is a great amount of responsibility involved in constantly caring for small children on a daily basis. In addition, a stay-at-home parent is often tasked with a large percentage of cooking, cleaning, laundry, and other household chores. Such contributions can be extremely valuable for a household, especially if it eliminates the need for costly child care, housekeepers, or other services. In addition, a stay at home parent agrees to put his or her own educational or professional goals on hold for the greater good of the family.

Unfortunately, when it comes time for a divorce, the breadwinner of the family tends to focus on his or her financial contributions and not appreciate the sacrifices the stay-at-home parent has made. Because they have contributed more financially, they often believe they deserve more financially, as well. Luckily, family courts generally take the non-financial contributions of stay-at-home parents into considerations when making determinations regarding alimony and other financial support in a divorce. However, it is always wise for stay at home parents to do the following and more to protect their rights:

• Know your financial situation. Many stay at home parents are less aware of the household finances and it is important to learn about assets, debts, income, expenses, bank accounts, taxes, and more so that you have a clear picture of the household finances and so that you may recognize if your spouse is trying to hide assets.
• Create a plan for your financial future on your own. You will need to estimate how much it will cost you for living expenses, child expenses, debts, and other bills so that you can present an accurate picture of you financial needs to the court.
• Explore your professional opportunities. Following a divorce, the court will expect you to try to support yourself within a reasonable amount of time if it is possible. Consider what type of education, training, or other services you may need in order to successfully reenter the workforce.

Contact a Boca Raton Divorce Attorney as Soon as Possible
There are many issues that can be particularly important in cases involving stay at home parents, especially if they have been out of the workforce for some time. Experienced family law lawyer Alan R. Burton has helped individuals in many situations obtain a favorable result in their divorce case so that they can face the future in the best financial situation possible and able to support themselves. Whether your divorce involves substantial assets or low assets, you should never hesitate to discuss your case with a skilled Boca Raton divorce attorney. Please call our office for free at 954-229-1660 today.

Sharing on Social Media Could Affect Child Custody Determinations

Under Florida Law, the guiding principle that courts must follow when making child custody determinations is the “best interests of the child.” In figuring out what type of custody arrangement is in a child’s best interests, courts may consider any factor that they deem relevant. For this reason, social media posts that indicate that a person is engaging in behavior that the court believes could affect a person’s ability to be an effective parent could potentially be introduced as evidence in cases in which child custody is disputed.

Social Media Posts Could Have an Impact on Alimony Awards

Alimony, often also referred to as “spousal maintenance,” is awarded in cases in which one spouse has a financial need and the other has the ability to pay. It is used to ensure that spouses with less earning potential are not left without any financial resources after a divorce and to ensure that there is some parity in the standard of living enjoyed by each former spouse. Florida courts look to a number of factors when it comes to determining whether to award alimony, including the financial needs of each party. Social media posts that indicate significant spending or financial irresponsibility could have an impact on the way in which a court views the financial needs of a party seeking alimony. Consequently, it is critical for individuals who are seeking alimony to consider how their social media posts may look to others who are not familiar with their financial situation.

Call Alan R. Burton, Attorney at Law Today

If you are considering getting a divorce or have already started the process, you should retain an attorney as soon as possible. In addition to representing you in any legal proceedings that may occur, your lawyer will be able to negotiate with your spouse’s attorney and advise you as to actions you may be able to take to improve your chances of obtaining a favorable outcome with respect to alimony, child custody, or other issues that may be contested. To schedule a consultation with Boca Raton divorce attorney Alan R. Burton, call our office today at (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.

Questions of Fault

In Florida, you must file for divorce on a “no-fault” basis, which means that no specific reason–such as adultery–can be given for the divorce. Insteading of blaming one spouse, all divorces are based on the assertion that the marriage is irretrievably broken. For this reason, adultery has no effect specifically on basic questions of fault in a divorce.

Alimony

Though adultery cannot be considered for fault purposes, it can be considered when the family court is making other determinations, such as whether to award alimony. However, the court cannot award alimony simply as a punishment for a cheating spouse. Instead, the court must further find that the adultery affected the non-cheating spouse’s need for financial support.

Child Custody Determinations

In addition to alimony determinations, a court may consider infidelity as a factor in deciding how to award physical and legal custody. For example, courts regularly examine the moral fitness of each parent when deciding what type of custody arrangement will be in the best interests of the child. Adultery, especially flagrant or particularly scandalous behavior, may lead the court to doubt the moral fitness of the spouse who cheated and may influence a decision to limit custody or timesharing if the court believes the affair had an adverse effect on the child’s well-being.

Division of Property

Florida law requires division of marital property to be equitable and fair based on the particular circumstances of the spouses. If the court finds that the unfaithful spouse spent marital assets on an affair that otherwise would have been divided, the court can award the other spouse more assets and property. Similarly, if the cheating spouse incurred debts to pay for an affair, the court may find that those debts are the sole responsibility of that spouse instead of dividing the debt balances between the two parties.

Call a Boca Raton Divorce Attorney for Help

As you can see, adultery can play a role in a divorce case. If you suspect that your spouse has been unfaithful or if your spouse has accused you of adultery, it may cause a number of potential complications throughout the divorce process. It is important that you have the representation of an experienced Boca Raton divorce lawyer and keep your lawyer fully informed regarding any possible issues or accusations that may arise during your divorce. Florida family law attorney Alan R. Burton understands how to face such issues head-on with your best interests in mind. Call our office today at (954) 229-1660 to talk about your case for free.

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.

It is generally up the custodial parent receiving the child support how to best put the child support payments to use. Some parents may use these funds specifically for the needs of the child, while others may combine child support payments with household earnings in order to pay rent, utilities, or make purchases for the entire family. The following are common parts of a child’s life that child support may cover.

Education

Child support payments may go toward tuition, uniforms, or other costs. Even if the child attends public school, support payments may help cover lunch money, books, school supplies, and more.

Transportation

Children need to be transported to school, activities, visits with the non-custodial parent, and other appointments in a safe and secure manner. Therefore, a parent may use child support to cover fuel, car insurance, car maintenance, and more.

Childcare

If neither parent is able to stay home with the child on a regular basis, it makes sense that child support would contribute toward the costs of daycare centers, babysitters, nannies, or other childcare arrangements.

Medical Expenses

Child support is often used to pay for any out-of-pocket medical expenses including deductibles, co-pays, special medications or treatments, or any bills that exceed the limits of insurance coverage.

Entertainment

Parents often use child support to pay for technology and activities that are age-appropriate for the child’s entertainment. These may include iPods, computers, gaming consoles, or trips to the amusement park or a movie theater.

Extracurricular Activities

The costs of sports programs, camps and other activities are generally shared between parents in Florida. The parents must usually come to an agreement on how these extra costs will be handled as part of their parenting plan. If they cannot reach an agreement, a family court may order each parent to pay a certain percentage.

The only time a custodial parent’s use of child support may come into question is if the other parent suspects the child’s basic needs are being neglected or that the receiving parent is engaging in some type of criminal or wrongful activity with the child support funds. If a parent suspects that any such situation is occurring, he or she may request that a court or child support agency review how the child support was being used and monitor future use of the funds. Misuse of funds may lead to a modification of a child support order or of child custody arrangements.

If you have any questions regarding child support or any other family law issues, please call the Boca Raton office of experienced family law attorney Alan R. Burton for assistance today.

Good Fortune Child Support

There are some circumstances under which a court may divert more substantially from the child support formulas and order child support amounts that cover more than just a child’s basic needs. This is referred to in Florida as “good fortune” child support, and is often awarded in cases in which one parent is particularly affluent. Courts have determined that children of such parents deserve to benefit from that parent’s wealth and success, especially since they would enjoy such benefits if the parents were married.

Benefits from a wealthy parent may include private education, travel opportunities, amenities, or other special activities that are above and beyond basic necessities. Additionally, higher child support payments may help establish savings and trusts for the children of a wealthy parent, even if they reside primarily with the other parent. However, there are limitations to good fortune child support awards. A court will limit its order to an amount that supports an appropriate lifestyle for the child, and will not require a wealthy parent pay an unnecessarily excessive amount simply because they can. For example, if a child already has all of his or her special expenses adequately covered, a court will not continue to increase the child support just because a parent’s wealth increases.

The following is an example of a case in which a court may be warranted in ordering good fortune child support. Tramar Lacel Dillard is a popular rapper commonly known as “Flo Rida,” and he has an estimated net worth of $30 million. Recently, model Natasha Georgette Williams established via a court ordered paternity test that Flo Rida is the father of her newborn son. Williams has filed suit in Florida requesting good fortune child support based on the rapper’s significant net worth and success. The court has yet to rule on that request, however, though it seems like it may be an appropriate case for such support.

Contact a Boca Raton Child Support Attorney for Assistance

If you are seeking good fortune child support for your child or are facing any other type of child support determination, it is imperative to have a family law attorney handling your case who understands how child support laws in Florida operate. If you have any family law matter, please do not hesitate to call experienced lawyer Alan R. Burton at (954) 229-1660 or (954) 295-9222 today for assistance.

Salaried Spouses

The most common way for spouses receiving a salary or hourly wages to hide income is to suddenly decrease overtime hours. Regular overtime can substantially increase earning potential. If a spouse declines to work overtime for a period of time prior to a divorce, their paystubs will clearly reflect less income. Such spouses often return to their regular overtime hours and income immediately following a court ruling.
Salaried spouses may also renegotiate their contracts to temporarily receive some of their income as additional benefits, expense reimbursement, or some other form of compensation not readily identifiable as income on a paystub.

Commission-Paid Spouses

• Spouses who work as salespeople and receive much or all of their income in the form of commissions may also develop RAIDS. This is often achieved in one of the following ways, among others:
• Not selling up to their full potential for a period of time;
• Continuing to make sales, but delaying the finalization of sales (and payment of commission) until after the divorce is final; and
• Having a fellow salesman take credit and receive commission for a sale, and then pay the spouse the commission in cash that you are unaware exists.

Self-Employed Spouses

It is perhaps easiest for self-employed spouses to significantly reduce or hide income. First, many self- employed individuals often transact in cash for at least some of their business deals, and they may easily hide this income by simply not reporting it to the IRS on their taxes. At that point, you may have to look to personal logbooks or other records of cash sales to prove that income. Additionally, self-employed individuals may substantially increase their business expenses, which works to lower their overall “income” on their tax returns.
These are only some examples of how spouses can use RAIDS to reduce the amount of support they are ordered to pay. An experienced Boca Raton family law attorney knows how to examine tax returns, pay statements, and other financial documents to identify RAIDS and make an argument to the court in favor of the child or spousal support that you truly deserve. If you are facing a divorce, do not hesitate to call the office of Alan R. Burton as soon as possible for assistance with your case.