child support - Alan R. Burton Attorney at Law

What Is Florida’s “Deadbeat Dad” Law, and How Can It Affect Your Family?

Alan R. Burton Attorney at Law — Fri, 24 Nov 2017 11:43:02 GMT

Child support obligations, on the one hand, and the failure to fulfill them, on the other, are among the biggest sources of conflict and resentment among divorced couples. Florida has laws to protect the rights of the parent ordered to pay child support and the one who receives child support payments on behalf of the children. The laws surrounding the enforcement of child support orders and the measures that Florida family courts can take to collect late child support payments are popularly known as the Deadbeat Dad Law, although this is something of a misnomer. First, not all parents who are required to pay child support are men. Second, not everyone who falls behind on child support payments does so as a means of intentionally evading parental responsibility. Except in the direst financial circumstances, Florida courts hold parents to the responsibility to provide financial support for their biological and adopted children. Thus, it is much easier to fall behind on child support obligations than it is for a court to absolve you of responsibility for them.

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.

Yes, It Is Possible Not to Pay Child Support in Florida

Alan R. Burton Attorney at Law — Fri, 29 Sep 2017 12:15:04 GMT

For some people, complaining about money is a hobby, and some even elevate it to the status of a high art. While they might get a kick out of grousing about the prices of items on restaurant menus or in the supermarket, it is understood that they ultimately have a choice about which items they buy. What really ruffles people’s feathers are fees that they are legally required to pay. Even generally cheerful people grumble about taxes and parking tickets. Child support is another financial obligation that people often feel is imposed on them against their will. It is not hard to find divorced parents who, given the opportunity, will go on at length about how much better their financial situation would be if they did not have to pay child support. Even people who would never complain out loud might secretly wish that there were a way to be legally exempt from paying child support. In fact, there are several ways, but most of them involve circumstances you would not wish for yourself.

The Child Support That Most People Have to Pay

Florida has standard child support guidelines. The main criteria determining how much you must pay are your net income and the number of children you must support. Judges usually follow the child support guidelines closely. In fact, when a judge orders a child support amount that differs from the amount determined by the guidelines by more than 5%, the judge must file a written statement explaining why he or she decided on this new amount.

Exceptions to the Standard Child Support Guidelines in Florida

The most common reason that a court allows a parent to stop paying child support on a child is that the child becomes a legal adult. This usually happens on the child’s 18th birthday, but it can happen sooner if the child becomes legally emancipated as a teenager. If the parent’s parental rights are terminated, the parent can also stop paying earlier. A common reason for termination of parental rights is that another adult adopts the child. For example, if the mother remarries and the stepfather legally adopts the children, the biological father no longer has to pay child support, but he also no longer has a legal right to a relationship with the children.

Courts can terminate support agreements for reasons other than termination of parental rights. If one parent dies or is sentenced to a prison term, the judge can terminate the support agreement. In the case of incarceration, judges do not always terminate the agreement; sometimes courts impute income to the incarcerated parent, who must resume paying child support upon his or her release.

Finally, you can be exempt from paying child support if you and your ex-spouse agree in writing that the support is not needed. This usually happens when the parent who spends more time with the children has a higher income than the non-custodial parent.

Contact Alan Burton About Child Support Cases

To stop child support payments completely, the circumstances have to be quite extreme. Modifying child support orders, however, is more common. Contact Alan R. Burton in Boca Raton, Florida for help with your child support case.

What the Koscher v. Koscher Case Shows Us About Imputed Income in Florida

Alan R. Burton Attorney at Law — Wed, 20 Sep 2017 20:59:51 GMT

When the phrase “imputed income” is mentioned, the first image that comes to many people’s minds is the media stereotype of the deadbeat dad. They picture a man who refuses to seek work or who only takes jobs that pay under the table. The stereotypical deadbeat dad is someone who cares more about avoiding paying child support than about the wellbeing of his children. His pride will not allow him to let the court tell him how to spend his money, no matter how much or how little of it he has. He lets his bitterness toward his ex-wife cloud his judgment, so the court decides how much he should be earning and forces him to pay, setting in motion a cycle of bitterness and unfulfilled obligations.

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.

Tips for Stay-at-Home Parents Facing Divorce

Alan R. Burton Attorney at Law — Fri, 26 Feb 2016 19:30:00 GMT

Divorce can be an uncertain or stressful situation for anyone. After all, many facets of your life from your living arrangements to your finances to your relationship with your children will likely change. While these changes may be difficult for anyone, they can be particularly difficult and stressful for a parent who has decided to stop working to stay home and care for the children and the household.

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.

Your Facebook Posts Could Have an Impact on the Outcome of Your Divorce

Alan R. Burton Attorney at Law — Mon, 18 Jan 2016 21:26:45 GMT

The end of a long-term relationship can be emotionally difficult and can make people act in ways that may be out of character. Sometimes, people who are getting a divorce feel a newfound sense of freedom that allows them to pursue new social or romantic options. In other instances, a divorce can cause individuals to engage in emotional coping mechanisms such as substance abuse or overspending. While these are natural and human reactions to the end of a relationship, sharing this type of behavior on social media such as Facebook, Twitter, or Instagram could have a negative effect on the way that certain issues in your divorce are resolved. Some of the ways that social media posts could affect your divorce are detailed below.

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.

Child Support for a Disabled Adult Child

Alan R. Burton Attorney at Law — Fri, 23 Oct 2015 17:51:37 GMT

The legal system recognizes that children are generally incapable of adequately supporting themselves and, therefore, parents are required to provide financial support. In cases in which two parents are no longer together, one parent generally has the obligation to pay regular child support to the other parent. When a child reaches the age of 18, he or she is considered an adult and child support obligations generally cease.

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.

What Happens if I Cannot Afford My Child Support Payment?

Alan R. Burton Attorney at Law — Mon, 06 Jul 2015 12:23:08 GMT

Situations change and individuals can go through unexpected periods of financial downturn. Losing your job, having a medical emergency in your household, and many other similar events can make it difficult to cover your bills. In such times, you may also struggle to make your court-ordered child support payments.

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.

What Does My Florida Child Support Cover?

Alan R. Burton Attorney at Law — Mon, 13 Oct 2014 14:10:03 GMT

Many people who must pay child support mistakenly believe that their payments should only ever be used to pay for a child’s basic needs, such as food, shelter, and clothing. Though child support laws intend for the support payments to contribute to basic necessities, the Florida family courts have busy schedules and do not generally have the time to monitor how parents are spending their child support payments. Therefore, in reality, child support funds may go toward supporting many more aspects of a child’s life.

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.

What Is “Good Fortune” Child Support in Florida?

Alan R. Burton Attorney at Law — Wed, 10 Sep 2014 12:29:37 GMT

Florida child support laws include a specific formula by which to calculate child support orders. The formula takes into account factors such as the number of children at issue, each parent’s income, expenses, costs of child care, costs of the child’s healthcare, any special needs of a child, and more. These calculations are meant to cover the basic necessities of the child. Generally, a court is expected to follow the guidelines for child support, however the court does have a limited amount of discretion to stray from the guidelines if it finds the circumstances justify such a decision. In most situations, however, the court may only deviate from the set formula by five percent.

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.