Support (Alimony & Child Support)

Question 1

`What types of alimony can be awarded?

Answer 1

1. Temporary
2. Bridge-the-gap
3. Rehabilitative
4. Durational

Question 2

What is the first step in determining if an alimony award is appropriate?

Answer 2

In determining whether to award support, maintenance, or alimony, the court shall first make a specific, factual determination as to whether the party seeking support, maintenance or alimony has an ACTUAL NEED for it and whether the other party has the ABILITY TO PAY support, maintenance, or alimony. The party seeking support, maintenance, or alimony has the burden of proving his or her need for support, maintenance, or alimony and the other party’s ability to pay support, maintenance, or alimony.

Question 3

What factors shall the court consider in determining the proper form or forms of alimony?

Answer 3

“Don’t Stop Asking Really Essential Concepts, Remember Resources, Educate Children, and Open Eyes.”
(a) The duration of the marriage.
(b) The standard of living established during the marriage and the anticipated needs and necessities of life for each party after the entry of the final judgment.
(c) The age, physical, mental, and emotional condition of each party, including whether either party is physically or mentally disabled and the resulting impact on either the obligee’s ability to provide for his or her own needs or the obligor’s ability to pay alimony and whether such conditions are expected to be temporary or permanent.
(d) The resources and income of each party, including the income generated from both nonmarital and marital assets.
(e) The earning capacities, educational levels, vocational skills, and employability of the parties, including the ability of either party to obtain the necessary skills or education to become self-supporting or to contribute to his or her self-support prior to the termination of the support, maintenance, or alimony award.
(f) The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party.
(g) The responsibilities each party will have with regard to any minor children whom the parties have in common, with special consideration given to the need to care for a child with a mental or physical disability.
(h) Any other factor necessary for equity and justice between the parties, which shall be specifically identified in the written findings of fact. This may include a finding of a supportive relationship as provided for in s. 61.14(1)(b) or a reasonable retirement as provided for in s. 61.14(1)(c) 1.

Question 4

Under what circumstances can the court award security to protect an award of alimony?

Answer 4

To the extent necessary to protect an award of alimony, the court may order the obligor to purchase or maintain a life insurance policy or a bond, or to otherwise secure such alimony award with any other assets that may be suitable for that purpose. The court must make specific findings that there are special circumstances that warrant the purchase or maintenance of a life insurance policy or a bond to secure the alimony award. If the court orders a party to purchase or maintain a life insurance policy or a bond, the court may apportion the costs of such insurance or bond to either or both parties based upon a determination of the ability of the obligee and obligor to pay such costs.

Question 5

How is the length of marriage determined for purposes of determining the duration of an alimony award?

Answer 5

From the date of marriage, to the date of filing an action for dissolution of marriage.

Question 6

What is a short term marriage?

Answer 6

Less than 10 years.

Question 7

What is a moderate term marriage?

Answer 7

Between 10 and 20 years.

Question 8

What is a long term marriage?

Answer 8

20 years or longer.

Question 9

What is bridge-the-gap alimony?

Answer 9

Bridge-the-gap alimony may be awarded to a party in making the transition from being married to being single. Bridge-the-gap alimony assists a party with legitimate identifiable short-term needs. The length of an award of bridge-the-gap alimony may not exceed 2 years. An award of bridge-the-gap alimony terminates upon the death of either party or upon the remarriage of the obligee. An award of bridge-the-gap alimony is not modifiable in amount or duration.

Question 10

What is rehabilitative alimony?

Answer 10

Rehabilitative alimony may be awarded to assist a party in establishing the capacity for self-support through either: (1) the redevelopment of previous skills or credentials; or (2) the acquisition of education, training or work experience necessary to develop appropriate employment skills or credentials.

In order to award rehabilitative alimony, there must be a specific and defined rehabilitative plan included as a part of any order awarding rehabilitative alimony.

May not exceed 5 years.

May be modified or terminated based upon a substantial change in circumstances, upon noncompliance with the rehabilitative plan, or upon completion of the rehabilitative plan if the plan is completed before the length of the award of rehabilitative alimony expires.

Question 11

What is durational alimony?

Answer 11

Durational alimony may be awarded to provide a party with economic assistance for a set period of time. It terminates upon the death of either party or upon the remarriage of the obligee. The amount may be modified or terminated based on a substantial change in circumstances. May not be awarded in a marriage lasting less than 3 years. The length of an award of durational alimony may not be modified except under exceptional circumstances and may not exceed the length of the marriage.

Question 12

How does the court determine the appropriate length of a durational alimony award?

Answer 12

1. May not exceed 50% of the length of a short-term marriage (under 10 years)
2. May not exceed 60% of the length of a moderate-term marriage (between 10 and 20 years)
3. May not exceed 75% of the length of a long-term marriage (20 years or longer).

Question 13

Under what circumstances may the court extend the term of durational alimony?

Answer 13

Under exceptional circumstances, the court may extend the term of durational alimony by a showing of clear and convincing evidence that it is necessary after application of the alimony factors and upon consideration of the following additional factors:
1. the extent to which the obligee’s age and employability limit the obligee’s ability for self-support, either in whole or in part;
2. the extent to which the obligee’s available financial resources limit the obligee’s ability for self-support, either in whole or in part;
3. the extent to which the obligee is mentally or physically disabled or has been diagnosed with a mental or physical condition that has rendered, or will render him or her incapable of self-support, either in whole or in part
4. the extent to which the obligee is the caregiver to a mentally or physically disabled child, whether or not the child has attained the age of majority, who is common to the parties. Any extension terminates upon the child no longer requiring caregiving by the obligee, or upon the death of the child, unless one of the factors applies.

Question 14

How does the court determine the amount of a durational alimony award?

Answer 14

The amount of durational alimony is the amount determined by the obligee’s reasonable need, or an amount not to exceed 35% of the difference between the parties’ net incomes, whichever is less.

Question 15

What is the appellate standard of review regarding an award of alimony?

Answer 15

Abuse of discretion.

Question 16

What cases does the new alimony law (as of July 1, 2023) apply to?

Answer 16

All petitions for dissolution of marriage or support unconnected with dissolution of marriage that are filed or pending as of July 1, 2023.

Question 17

Which party has the burden of proving need for support, maintenance or alimony and the other party’s ability to pay same?

Answer 17

The party seeking support, maintenance or alimony has the burden of proving his or her need for support, maintenance or alimony and the other party’s ability to pay support, maintenance or alimony.

Question 18

Pursuant to 61.14, what happens when the Court makes a finding that a supportive relationship has existed?

Answer 18

The Court shall reduce or terminate the alimony award upon a finding that a supportive relationship has existed. Under the old statute, it was a may. Now it is a shall.

Question 19

Who has the burden of proof when seeking to modify or terminate an award of alimony based on the obligor’s retirement and what is the burden?

Answer 19

It is the obligor’s burden to prove by a preponderance of evidence that his or her retirement reduces his or her ability to pay alimony. If the obligor meets his or her burden, the burden shifts to the obligee to prove by a preponderance of evidence that the obligor’s alimony should not be modified or terminated.

Question 20

What factors must the court consider when reducing alimony based on retirement?

Answer 20

(a) the age and health of the obligor; (b) the nature and type of work performed by the obligor; (c) the customary age of retirement in the obligor’s profession; (d) the obligor’s motivation for retirement and likelihood of returning to work; (e) the needs of the obligee and the ability of the obligee to contribute toward his/her basic needs; (f) the economic impact that a termination or reduction of alimony would have on the obligee; (g) all assets of the obligor and obligee, and each’s roles in the wasteful depletion of marital assets received by him/her at the final of a final judgment; (h) the income of the obligee and obligor earned during the marriage or after the final judgment; (i) social security benefits, retirement plan benefits, or pension benefits payable to either party following the final judgment; and (j) the obligor’s compliance with the existing alimony obligation. Fla. Stat. § 61.14(c)(2) (2023). The Court is also required to give consideration to and make written findings of fact regarding the factors set forth in 61.08 (3) when granting or denying a petition for modification based on retirement.

Question 21

When is it appropriate for a court to require security of an alimony award?

Answer 21

When the court makes specific findings that there are special circumstance warranting the purchase or maintenance of a life insurance policy or bond to secure an alimony award.

Question 22

Who pays the cost of the life insurance or bond when the court orders the purchase of same to secure an alimony award?

Answer 22

The court may apportion the costs of such insurance or bond to either or both of the parties based upon a determination of the ability of the obligee and obligor to pay such costs.

Question 23

Does 61.08 apply to temporary alimony?

Answer 23

No, temporary alimony is governed by 61.071. Therefore, the Court is not required to make the specific factual findings that it is required to make when awarding alimony at final hearing. Therefore, the formula (35% cap) likewise, does not apply.

Question 24

What is the two-step analysis for a trial court’s initial determination of alimony under 61.08?

Answer 24

First, the court makes a specific factual determination as to whether either party has an actual need and whether either party has the ability to pay alimony. Second, the court shall consider all of the statutory factors in determining the proper type and amount of alimony. Mango v. Mango 2023.

Question 25

What is the two-step analysis for a trial court’s determination of a modification of alimony under 61.14?

Answer 25

First, the court makes a specific factual determination as to whether there has been a change in circumstances warranting a modification of alimony. Second, the court shall consider the statutory factors. Mango v. Mango 2023.

Question 26

Does the court need to make specific factual findings to support an award of temporary alimony?

Answer 26

No.

Question 27

What is the most time rehabilitative alimony can be awarded?

Answer 27

May not exceed 5 years.

Question 28

Can the amount of durational alimony be modified?

Answer 28

Yes, based on a showing of a substantial change in circumstances.

Question 29

Can temporary alimony be waived by agreement?

Answer 29

No, as it is void against public policy. Belcher.

Question 30

Can the court award undifferentiated support?

Answer 30

No. Undifferentiated support is an abuse of discretion.

Question 31

When may a court award post judgment alimony?

Answer 31

Only if the court expressly reserves jurisdiction to do so in the final judgment. If the final judgment does not include an award of alimony and does not reserve jurisdiction for that purpose, then the court does not have smj to award alimony after the final judgment.

Question 32

How is the length of marriage defined for alimony purposes?

Answer 32

Date of marriage, to date of filing petition to dissolve marriage.

Question 33

What is the most common basis to appeal an alimony award?

Answer 33

LACK OF FACTUAL FINDINGS - litigants are REQUIRED to file motion for rehearing in order to preserve right to appeal if the basis is lack of factual findings.

Question 34

What must be included in a FJ awarding rehabilitative alimony?

Answer 34

Specific and defined rehabilitative plan.

Question 35

Must court order alimony to be paid through depository?

Answer 35

For alimony after 1/1/85 - it’s not necessary if there are no kids or if there are kids and both parties agree not necessary.

Question 36

If a party wants payments through depository after award of alimony, what must they do?

Answer 36

File an affidavit alleging default or arrearages and state request for depository & provide copy to interest parties

15 days after receipt of affidavit, depository shall notify all parties payments should be directed to depository

Question 37

When can a party seek temporary alimony?

Answer 37

During pendency of DOM and even during period of time that a FJ is being appealed

Question 38

Can the court award temporary undifferentiated support for alimony and child support?

Answer 38

No - this is an abuse of discretion - court has to identify amount for alimony and child support consistent with child support guidelines.

Question 39

Do you have to plead for alimony?

Answer 39

Yes - include all types of alimony (temporary, bridge-the-gap, rehabilitative, durational) in your pleading if you want to request it.

Question 40

Must the FJ for an award of alimony include language as to when the award terminates?

Answer 40

61.08 was modified to set forth how each type of alimony is terminated BUT in 2019, TRITSCHLER case the 2nd DCA held that a failure to identify time and manner for terminate of alimony was error on its face

Question 41

Can the court award alimony after entry of a FJ?

Answer 41

Only if it reserved jurisdiction based on a potential change in circumstances.

Question 42

If court does not award alimony and fails to reserve jurisdiction to determine alimony later, can it later award alimony

Answer 42

No, there is no subject matter jurisdiction to consider a later request for alimony.

Question 43

What is an effective way for court to reserve jurisdiction to deal with alimony later if circumstances change?

Answer 43

Award nominal alimony such as $1 so it can later increase amount in modification, however, there is a question as to whether nominal alimony is appropriate since permanent alimony was abolished.

Question 44

What is court doesn’t provide terminate date for rehab alimony?

Answer 44

It is reversible error.

Question 45

What must all FL courts find in order to award bridge the gap alimony?

Answer 45

Must be proven by competence substantial evidence of legitimate identifiable short terms needs and it cannot exceed 2 years

Question 46

When would a rehab plan be inappropriate?

Answer 46

If the recipient spouse has no capacity to be rehabilitated - the purposes of rehab alimony is for recipient to develop skills to become self supporting.

Question 47

If a spouse is already self sufficient at time of divorce, can rehab alimony be awarded?

Answer 47

It may still be awarded if the rehab plan offers a greater earning potential over course of career.

Question 48

What evidence must a spouse put on to seek rehab award?

Answer 48

Competence substantial evidence that the training in the plan will increase his or her earning capacity

Question 49

When did durational alimony become part of FL law

Answer 49

2010.

Question 50

Who has burden of proof in request for alimony?

Answer 50

The party seeking support, maintenance, or alimony has the burden of proving his or her need for support, maintenance, or alimony and the other party’s ability to pay support, maintenance, or alimony.

Question 51

What is standard of review concerning a recipient spouses’ need?

Answer 51

Abuse of discretion.

Question 52

When determining need and ability, should court be using gross or net income?

Answer 52

It is reversible error to use gross income COURT MUST USE NET INCOME when determining need & ability

Question 53

Can undistributed pass through income be used as income for purposes of alimony?

Answer 53

Zold determined that it depends on the reasons why the funds were retained

Undistributed pass through income retained by a corporation for corporate purposes does not constitute income within chapter 61.

Question 54

Why are undistributed pass through income retained by a corporation for corporate purposes not considered income for purposes of alimony?

Answer 54

Because that pass through income will be used by the corporation to maintain corporate operations and therefore cannot be used by a shareholder spouse to satisfy financial obligations imposed upon DOM. Zold.

Question 55

Who has the burden of providing that undistributed pass through income should or should not be considered as income for alimony?

Answer 55

The shareholder spouse has the burden to prove that the undistributed pass through income was properly retained for corporate purpose.

Question 56

What should court consider when analyzing if undistributed pass through income should be considered?

Answer 56

1. the extent to which shareholder spouse has access or control over pass through income
   2.limitations governing corporate distributions to shareholders
2. purpose the funds are being retained

Question 57

What did the Niederman case stand for?

Answer 57

Reiterates that all sources of income available to parties must be considered including retirement. In Niederman, Court was required to consider income the wife would receive from IRA even though she had to take steps to set up a 72(t) withdrawal plan in order to make penalty fee withdrawals prior to age 59 1/2. It put Wife’s retirement into pay status to give sizeable income without invading principal.

Question 58

What must court consider in determining if a spouse is voluntarily unemployed?

Answer 58

1. If employment previously existed and was terminated voluntarily
2. If unemployment is a result of spouse’s failure to diligently find employment that is equivalent in income to former position

Question 59

If income is to be imputed, what must trial court do?

Answer 59

Trial court may only impute a level of income supported by evidence of
-employment potential and probably earnings based on work history
-qualifications
-wages in community

Question 60

What is TCJA?

Answer 60

Tax Cuts & Jobs Act

Question 61

What year did TCJA say alimony payment no longer deductible and no longer taxable to recipient?

Answer 61

Starting in 2019.

Question 62

Does the recapture rule apply?

Answer 62

Not after 12/31/2018.

Question 63

Parties agree W will stay home with kids during marriage and H can afford same. Upon divorce, W wants to remain home with kids and H can afford. Is it error for court to award alimony?

Answer 63

It is improper if recipient spouse is able to be rehabilitated.

Question 64

Can court award alimony to equalize financial position of parties?

Answer 64

It’s error to do that according to Donoff 4th DCA 2006.

Question 65

When should lump sum alimony be awarded?

Answer 65

1. special necessity justifying it
2. unusual circumstances which would require the non modifiable award & payor can make payment without endangering economic status

Question 66

Is lump sum alimony an additional form of alimony?

Answer 66

No, rather it is a manner in which alimony is paid.

Question 67

Can court order lump sum equitable distribution?

Answer 67

Yes, it is just an equalizer payment but it can’t be treated like alimony or subsequently reclassified alimony to employ enforceability power.

Question 68

Is lump sum alimony modifiable?

Answer 68

No - it’s non modifiable, payment doesn’t terminate upon death of payor or remarriage or recipient which is why special and unusual circumstances are required for such an award

Question 69

H has a history of refusing to pay support. Can court award lump sum?

Answer 69

Yes - this would be an appropriate lump sum alimony award

Question 70

Can court order lump sum rehab alimony?

Answer 70

Yes.

Question 71

Is an award of life insurance or a bond standard in DOM

Answer 71

No. The court must make specific findings that there are special circumstances that warrant the purchase or maintenance of a life insurance policy or bond to secure the alimony award.

Question 72

What are grounds for court to order an obligor to secure a support obligation with life insurance

Answer 72

There are special circumstances that warrant the purchase or maintenance of a life insurance policy or bond to secure the alimony award.

Question 73

What are some methods of security a support award?

Answer 73

Purchase of or maintaining a current life insurance policy, or bond.

Question 74

How are the costs of life insurance or a bond paid when being ordered to secure an alimony award?

Answer 74

The court may apportion the costs of insurance or bond to both or either parties based upon a determination of the ability of the obligee and obligor to pay such costs.

Question 75

What is the standard of review for alimony?

Answer 75

Abuse of discretion.

Question 76

What is needed in an order for alimony to sustain appeal?

Answer 76

Competent, substantial evidence.

Question 77

What period of time can court consider for retroactive child support per 61.30

Answer 77

1. date of filing modification or 24 months before filing for an initial determination
2. the date a parent stopped exercising TS

Question 78

The court entered a final judgment (in Feb. 2016) which did not award child support, but provided that either party could file a motion to seek child support without having to prove a substantial change in circumstances. In October 2016, the former wife filed her motion seeking child support and the magistrate granted the motion retroactively to the Feb. 2016 final judgment. Was it error to award retro to Feb 2016?

Answer 78

It is error to award retro for a period of time before the filing of mom’s motion

Question 79

What is UIFSA?

Answer 79

Uniform Interstate Family Support Act.

Question 80

What does UIFSA do?

Answer 80

It identifies parameters under which a court may establish enforce and modify interstate child support cases.

Question 81

What does Chapter 409 do for child support actions?

Answer 81

It authorizes DOR to step into the shoes of the recipient of any tempt cash or title IV-E assistance made to or for the benefit of any dependent child via an assignment of rights

Question 82

What does Chapter 742 do for child support actions?

Answer 82

Provides for establishment of temp child support, modification of child support and final orders of child support, disestablishment of paternity or terminate of child support.

Question 83

How does Chapter 741 impact child support?

Answer 83

Allows for establishment of temp child support in DV proceeding while DV injunction is in effect

Question 84

Can a spouse seek support without filing for divorce?

Answer 84

61.09 separate maintenance
If a person has ability to contribute to maintenance of his or her spouse or child and fails to do so, a spouse can apply to court for alimony & cs without filing for divorce separate maintenance

Question 85

What must a court do if a spouse seeks adjudication of obligation to support spouse and minor child unconnected to DOM per 61.10?

Answer 85

A spouse living in same state apart from their spouse and minor child can obtain an adjudication of obligation to maintain the spouse and minor child - court determine alimony & child support and establish a parenting plan.

Question 86

When can court consider support for a dependent persons beyond age of 18?

Answer 86

1. If court has jurisdiction, it can order support for a dependent beyond age 18 when the dependency is a result of a mental of physical incapacity which began BEFORE turning 18 OR
2. If person is dependent in fact and is between ages 18-19 and still in high school performing in good faith with reasonable expectation of graduation before age 19

Question 87

What are the basic principles/public policy for child support guidelines?

Answer 87

1. Each parent has a fundamental obligation to support their minor until legally dependent
2. Child support guidelines is based on parent’s combined net income estimated to have been allocated to the child as if parents still lived together
3. Encourage fair and efficient settlement of support issues and minimize litigation

Question 88

When can court order a cs payment that varies plus or minus 5% from the child support guidelines amount?

Answer 88

Must consider all relevant factors
1.needs of child or children
2.age
3.station in life
4.standard of living
5.financial status of each parent

Question 89

What must court include in order if it orders cs that varies more than 5%?

Answer 89

WRITTEN FINDINGS EXPLAINING WHY child support guidelines would be unjust or inappropriate.

Question 90

When SHALL a court order payment that varies from CSG

Answer 90

When children spend a substantial amount of time with either parent - this applies to any living arrangement temporary or permanent

Question 91

For purposes of CS, how is gross income defined?

Answer 91

“Silly Birds Bring Delicious Warm Raspberries, Perfectly Sweet In Really Rich Gardens.”
61.30(2)
1. Salary or wages.
2. Bonuses, commissions, allowances, overtime, tips, and other similar payments.
3. Business income from sources such as self-employment, partnership, close corporations, and independent contracts. “Business income” means gross receipts minus ordinary and necessary expenses required to produce income.
4. Disability benefits.
5. All workers’ compensation benefits and settlements.
6. Reemployment assistance or unemployment compensation.
7. Pension, retirement, or annuity payments.
8. Social security benefits.
9. Spousal support received from a previous marriage or court ordered in the marriage before the court.
10. Interest and dividends.
11. Rental income, which is gross receipts minus ordinary and necessary expenses required to produce the income.
12. Income from royalties, trusts, or estates.
13. Reimbursed expenses or in kind payments to the extent that they reduce living expenses.
14. Gains derived from dealings in property, unless the gain is nonrecurring.
PUBLIC ASSISTANCE IS EXCLUDED FROM GROSS INCOME

Question 92

For child support, what are the allowable deductions?

Answer 92

“Financial Families Must Manage Healthy Children’s Support.”

(a) Federal, state, and local income tax deductions, adjusted for actual filing status and allowable dependents and income tax liabilities.
(b) Federal insurance contributions or self-employment tax.
(c) Mandatory union dues.
(d) Mandatory retirement payments.
(e) Health insurance payments, excluding payments for coverage of the minor child.
(f) Court-ordered support for other children which is actually paid.
(g) Spousal support paid pursuant to a court order from a previous marriage or the marriage before the court.

Question 93

When can court consider nonrecurring income for purposes of CS?

Answer 93

61.30(13) - if recurring income is insufficient to meet needs of child, court can order support to be paid from nonrecurring income or assets

Question 94

IF court orders CS from a nonrecurring asset, what MUST court find

Answer 94

That the payor is depleting the asset to maintain lifestyle or that recurring income is insufficient.

Question 95

Can child support received for a different kid be considered income for purposes of child support?

Answer 95

No - child support received from the parent of another child is not to be included in recipient’s income.

Question 96

If court determined bonus income is regular and recurring, what considerations must be made?

Answer 96

Must consider the receipt of the bonus in structuring such payments.

Question 97

Should annual gift to Former Husband by his mother for kid’s education be included as income to Former Husband or purposes of child support?

Answer 97

Nope.

Question 98

What is net business income?

Answer 98

Gross receipts minus ordinary and necessary expenses required to produce income plus a reduction for income taxes including self employment taxes.

Question 99

Is the definition of net business income for purposes of child support the same as IRS standards?

Answer 99

No

Question 100

How should social security benefits received by a parent FOR A CHILD’S DISABILITY be treated?

Answer 100

That should not be treated as income to that parent but that could be used as a basis for a deviation from child support.

Question 101

How should social security benefits for a child received as a result of PAYOR’S DISABILITY or RETIREMENT be treated for child support?

Answer 101

It should be included when calculating family’s gross income and then credited against the disabled parent’s child support obligation

If the credit is MORE than the child support, the excess goes to benefit of kid and if the credit is less than child support, the parent pays the difference.

Question 102

If there is no exchange of child support due do a credit as a result of social security benefits for a child received as a result of payor’s disability or retirement, what must court include in its order?

Answer 102

It is an abuse of discretion for court to say no child support is owed - it must specifically state the child support owed before applying disability benefit and include findings so everyone is on notice that obligation is being reduced because of the benefit being received

Question 103

How are VA disability benefits viewed for purposes of child support?

Answer 103

Included as income for child support.

Question 104

How are private disability benefits viewed?

Answer 104

Income for child support.

Question 105

How should court treat trust income for purposes of child support?

Answer 105

All trust income must be included - even if beneficiary of trust elects to not maximize the total amount entitled to - the total amount shall be imputed for cs purposes, error not to.

Question 106

Can value of free housing be included as income?

Answer 106

Yes.

Question 107

Can payment of monthly living expenses by 3rd party be included as income?

Answer 107

It may be

Question 108

What must court do if it includes payment of health insurance?

Answer 108

It has to then subtract that amount for health insurance for that parent from their net income

Question 109

What is the 4th DCAs view on determining exclusive use of marital home for purposes of child support?

Answer 109

4th DCA has determined its a carrying cost of a joint asset and not considered an in kind income for child support.

1st, 2nd and 5th say it’s an in kind benefit in the form of reasonable rental value to the parent in possession of the home and therefore 1/2 of reasonable rental value should be included as income to the parent in possession of home for purposes of child support.

Question 110

What must court do in event of voluntary unemployment or underemployment for purposes of child support?

Answer 110

Monthly income SHALL (no discretion here) be imputed if unemployed or underemployed and court finds it’s voluntary & not due to physical or mental health out of that parent’s control BUT

Court can refuse to impute income if court finds its necessary for the parent to stay home with a child subject to the child support.

Question 111

What is the standard imputation of income analysis for child support?

Answer 111

COURT MUST MAKE SPECIFIC FINDINGS
1.Voluntary
2. Less than diligent efforts
3. Employment Potential and Probably Earning Levels

Question 112

When must court determine unemployment or underemployment is voluntary for child support?

Answer 112

If the unemployment or underemployment is not due to mental or physical issues which they have no control.

Question 113

What must court consider in determining the employment potential and probable earning level of an unemployed person for child support?

Answer 113

1. recent work history
2. occupational quals
3. prevailing earnings in community

Question 114

What can imputed income NOT be based on?

Answer 114

1. income records that are more than 5 years old at time of hearing
2. income at a level party never earned in past UNLESS recently degreed, licensed, certified relicensed ore recertified

Question 115

Who has burden of proof for imputation of income?

Answer 115

Parking seeking imputation at an amount other than median income has the burden to present competent, substantial evidence that:
1. unemployment/underemployment is voluntary; and
2. identifies the amount and source of imputed income through evidence.

Question 116

When must a court impute median income of a year round full time work?

Answer 116

1. income for a parent is unavailable
2. parent fails to participate

Question 117

What happens for child support purposes if a parent’s income is unavailable for action or fails to supply adequate info?

Answer 117

Income shall be imputed and there is a rebuttable presumption that their income is equivalent to median income of year round full time workers.

Question 118

When can the court NOT impute income?

Answer 118

When income is based on illegal activities (i.e., selling illegal drugs)

Question 119

Can income be imputed if you were fired?

Answer 119

If fired based on your voluntary actions.

Question 120

Can income be imputed if a parent voluntarily leaves employment to enhance career?

Answer 120

Court has to evaluate if enhancement will benefit kids

Question 121

How is child support calculated?

Answer 121

STEP 1 Determine net income for each parent (allowable deductions from gross income)
STEP 2 add parties income together
STEP 3 determine guideline amount

Question 122

What if obligor’s net income is less than the $800 - lowest amount in CSG

Answer 122

1. The parent should be ordered to pay a child support amount, determined on a case-by-case basis, to establish the principle of payment and lay the basis for increased support orders should the parent’s income increase.
2. The obligor parent’s child support payment shall be the lesser of the obligor parent’s actual dollar share of the total minimum child support amount, as determined in subparagraph 1., and 90 percent of the difference between the obligor parent’s monthly net income and the current poverty guidelines as periodically updated in the Federal Register by the United States Department of Health and Human Services pursuant to 42 U.S.C. s. 9902(2) for a single individual living alone.

Question 123

What factors is the court required to consider when deviating more than 5% from the child support guidelines?

Answer 123

“Every Incredible Parent Should Always Take Interest And Participate Actively.”

1. Extraordinary medical, psychological, educational, or dental expenses.
2. Independent income of the child, not to include moneys received by a child from supplemental security income.
3. The payment of support for a parent which has been regularly paid and for which there is a demonstrated need.
4. Seasonal variations in one or both parents’ incomes or expenses.
5. The age of the child, taking into account the greater needs of older children.
6. Special needs, such as costs that may be associated with the disability of a child, that have traditionally been met within the family budget even though fulfilling those needs will cause the support to exceed the presumptive amount established by the guidelines.
7. Total available assets of the obligee, obligor, and the child.
8. The impact of the Internal Revenue Service Child & Dependent Care Tax Credit, Earned Income Tax Credit, and dependency exemption and waiver of that exemption. The court may order a parent to execute a waiver of the Internal Revenue Service dependency exemption if the paying parent is current in support payments.
9. An application of the child support guidelines schedule that requires a person to pay another person more than 55 percent of his or her gross income for a child support obligation for current support resulting from a single support order.
10. The particular parenting plan, a court-ordered time-sharing schedule, or a time-sharing arrangement exercised by agreement of the parties, such as where the child spends a significant amount of time, but less than 20 percent of the overnights, with one parent, thereby reducing the financial expenditures incurred by the other parent; or the refusal of a parent to become involved in the activities of the child.
11. Any other adjustment that is needed to achieve an equitable result which may include, but not be limited to, a reasonable and necessary existing expense or debt. Such expense or debt may include, but is not limited to, a reasonable and necessary expense or debt that the parties jointly incurred during the marriage.

Question 124

Can court deviate from gross up child support guidelines?

Answer 124

Yes, based on all regular deviation factors AND
1. obligee’s low income & ability to maintain basic necessities of a home for a child
2. likelihood that either parent will actually exercise timesharing
4. whether all children are on same timesharing schedule

Question 125

If a parent has subsequent kids and gets a secondary job to support, can that secondary income be used to modify child support upwards?

Answer 125

Court MAY disregard that second source if it decides it was obtained primarily to support subsequent kids.

Question 126

If a parent subject to child support has subsequent kids, can they seek downward modification?

Answer 126

Subsequent kids is not a justification to decrease and existing award.

Question 127

What is required with the filing of child support actions or modifications of child support?

Answer 127

Financial affidavit must be filed simultaneously.

Question 128

If Respondent is served with child support action or modification action what must Respondent file with answer?

Answer 128

Financial Affidavit OR as soon as reasonably practical but in any case AT LEAST 72 HOURS prior to a hearing on finances of either party.

Question 129

What should court consider in determining retroactive child support award?

Answer 129

1. income during retroactive period
2. actual payments made by parent to other or child or 3rd parties for benefit of child
3. court shall consider installment payment plan for retroactive payments.

Question 130

Can court defer on child support until later when a parent has no income?

Answer 130

No, the court must calculate child support.

Question 131

What must child support order and IDO include?

Answer 131

1. child support to terminate on 18th day until court finds child is age 18 and in hs with reasonable expectation of graduation before 19th bday
2. step down cs if more than 1 kid
3. month day and year when the reduction or term happens
4. full name dob of each minor child

Question 132

Must all child support be paid via IDO?

Answer 132

If both parties request and court finds it is in the best interests of the child, then child support doesn’t have to be paid via IDO.

Question 133

If child support is not paid via IDO, what is an alternative?

Answer 133

Payment directed to depository or state disbursement unit.

Question 134

Does trial court retain jurisdiction to modify child support?

Answer 134

Only IF
1. Modification is in the best interests of the child;
2. Substantial Change in Circumstances;
3. until child turns 18
4. over 18 if in high school
5. if child isn’t emancipated
6. child hasn’t married jointed armed serves and isn’t dead

Question 135

When must court include health insurance in child support order?

Answer 135

When it the cost is reasonable and accessible - it’s presumed reasonable if adding it does not exceed 5% of gross income.

Question 136

When can order for health insurance be served on obligor’s employer?

Answer 136

1. obligor fails to give written proof to obilgee w/in 30 days
   2 obligee gives written notice of intent to enforce by mail
2. obilgor fails to provide proof of insurance within 15 days of receipt of notice

Question 137

For a union employer, what must they do upon receipt of an order for health insurance?

Answer 137

Must enroll child in group plan regardless of enrollment period and withhold premium from obligor’s income. If more than one plan offered, will enroll in same one as obligor.

Question 138

Can party get an IDO after entry of Final Judgment with no IDO?

Answer 138

Yes - by filing an affidavit with the depository alleging default and request for future payments via depository , provide copy to court and each party 15 days thereafter payments shall be made through depository except for IDO must be through SDU
-no court appearance is required

Question 139

When can court order child support under uniformed deployed parents custody and visitation act?

Answer 139

If court has issued an order granting caretaking authority, the court can enter temp child support authorized by general law if court has jurisdiction under UIFSA

Question 140

If court has jurisdiction for child support under Uniformed deployed parents and custody vitiation act, what may court include in its order?

Answer 140

1.temp child support from deploying parents to other per 61.30
2.require deploying parent to enroll child as military dependent
3. suspend abate or reduce child support of other parent until timesharing order previously in effect is reinstated

Question 141

What must IDO include?

Answer 141

SHALL:
1. direct payor to deduct support form income
2. state amount of arrearage owed and direct payor to withhold an extra 20% until arrearage paid in full
3. provide that if delinquency accrues after order, payor shall deduct 20% until current
4. direct payor to not deduce in excess allowed by consumer credit protection act
5. instruct payor re bonuses
6. In title IV case direct payor to provide to court depository the date the deduction is made
7. in title iv case if obligation is reduced or terminated due to emancipation and there is an arrearage, direct payor to continue to pay until satisfied
8. direct payment to be made to SDU

Question 142

Are IDO’s immediately implemented?

Answer 142

Yes, unless court says why it’s in best interest to not be immediate, proof of timely payment before IDO or by agreement but it can’t be delayed by more than 1 month.

Question 143

When can obligee ask court to suspend obligor’s driver’s license or professional license?

Answer 143

Must give notice and obligor has 30 days to cure issue if nothing done then obligee can petition court for relief

Question 144

Is a party entitled to interest on child support arrearage?

Answer 144

A party is entitled to interest prospectively on amount of retro from date court determines amount and orders payment

Question 145

When can court order payment of private school?

Answer 145

1. parties have ability to pay
2. it’s a customary standard of living
3. it’s in child’s best interest

Question 146

How does court treat orthodontic expenses?

Answer 146

Split in districts - but unless it’s deemed medically necessary, it’s not to be included. Basic braces for aesthetics not likely mandatory.

Question 147

Can court order lump sum child support?

Answer 147

No but it can sequester a parent’s assets to secure future child support.

Question 148

Does court have jurisdiction to consider modification of child support and alimony when the underlying order is on appeal?

Answer 148

Yes - it just can’t enter a Final Judgment.

Question 149

DOR brings an administrative action and child support order is established. Can the circuit court vacate it or retroactively effect order?

Answer 149

No- but it can enter an order changing support prospectively.

Question 150

What must all income deduction orders entered on or after October 1, 2010 include?

Answer 150

61.13
1. Child support ends on child’s 18th birthday, unless court previously finds that the child will be dependent beyond the age of 18 years due to a mental or physical incapacity that started before age 18 OR, if the person is dependent in fact, is between the ages of 18 and 19, and is still in high school, performing in good faith with a reasonable expectation of graduation before the age of 19.
2. Schedule stating amount of child support and what it will be when one or more kid no longer entitled to child support
3. Month, day and year that the reduction or termination of child support takes effect.

Question 151

Does a court who initially enters an order of child support retain jurisdiction?

Answer 151

61.13 - The Court that makes an initial termination of child support retains jurisdiction after entry of the order to modify amount and terms and conditions IF modification is in best interests of child; when child reaches majority; if substantial change in circumstances; or when child emancipates, marries, joins armed services, or dies.

Question 152

What must a child support order include?

Answer 152

Provision for health insurance when it is reasonable in cost and accessible to child.

Question 153

When is health insurance for child deemed reasonable in cost?

Answer 153

If the incremental cost of adding health insurance for the child does not exceed 5% of the gross income (defined in 61.30) of the parent responsible for providing it.

Question 154

When is health care deemed accessible to the child?

Answer 154

If health insurance is available to be used in the county of the child’s primary residence or in another county if the parent who has the most timesharing agrees.

Question 155

When is health care deemed accessible to a child when parents have equal timesharing?

Answer 155

Health insurance is accessible to the child if the health insurance is available to be used in either county where the child resides or in another county if both parents agree.

Question 156

What must court include in order if presumption that health insurance is affordable is rebutted?

Answer 156

Court may deviate ONLY UPON WRITTEN FINDING EXPLAINING ITS DETERMINATION why ordering or not order health insurance for kid is unjust or inappropriate.

Question 157

How can the department enforce a support order under Title IV-D of the Social Security Act which requires that the obligor provide health insurance?

Answer 157

Through the use of the national medical support notice, and an amendment to the support order is not required.

Question 158

What steps are required by department in enforcing health insurance through national medical support notice?

Answer 158

(1) The department shall transfer the national medical support notice to the obligor’s union or employer.

(2) The department shall notify the obligor in writing that the notice has been sent to the obligor’s union or employer, and the written notification must include the obligor’s rights and duties under the national medical support notice.

(3) The obligor may contest the withholding required by the national medical support notice based on a mistake of fact.

Question 159

If an obligor contested the withholding by medical support notice, what must they do?

Answer 159

To contest the withholding, the obligor must file a written notice of contest with the department within 15 business days after the date the obligor receives written notification of the national medical support notice from the department.

Filing with the department is complete when the notice is received by the person designated by the department in the written notification. The notice of contest must be in the form prescribed by the department

Question 160

What must department do upon timely notice of contest of a medical support order by obligor?

Answer 160

Within 5 business days, schedule an informal conference with the obligor to discuss the obligor’s factual dispute. If the informal conference resolves the dispute to the obligor’s satisfaction or if the obligor fails to attend the informal conference, the notice of contest is deemed withdrawn.

Question 161

What if the dispute at informal conference regarding medical support order doesn’t resolve the issue?

Answer 161

If the informal conference does not resolve the dispute, the obligor may request an administrative hearing under chapter 120 within 5 business days after the termination of the informal conference, in a form and manner prescribed by the department.

Question 162

While the medical support order contest is underway, what happens with the premium payments to be withheld that are in dispute?

Answer 162

The filing of a notice of contest by the obligor does not delay the withholding of premium payments by the union, employer, or health plan administrator. The union, employer, or health plan administrator must implement the withholding as directed by the national medical support notice unless notified by the department that the national medical support notice is terminated.

Question 163

It Title IV-D cases, what must department do if obligation to provide health insurance is terminated?

Answer 163

The department shall notify an obligor’s union or employer if the obligation to provide health insurance through that union or employer is terminated.

Question 164

In a non Title IV-D case, if obligor order to pay health insurance premium, what has to happen?

Answer 164

Upon receipt of the order to provide health insurance premium or upon application of the obligor pursuant to the order, the union or employer shall enroll the minor child as a beneficiary in the group health plan regardless of any restrictions on the enrollment period and withhold any required premium from the obligor’s income. If more than one plan is offered by the union or employer, the child shall be enrolled in the group health plan in which the obligor is enrolled.

Question 165

What should employer or union do upon receipt of medical support notice?

Answer 165

The union or employer shall transfer the notice to the appropriate group health plan administrator within 20 business days after the date on the notice. The plan administrator must enroll the child as a beneficiary in the group health plan regardless of any restrictions on the enrollment period, and the union or employer must withhold any required premium from the obligor’s income upon notification by the plan administrator that the child is enrolled. The child shall be enrolled in the group health plan in which the obligor is enrolled. If the group health plan in which the obligor is enrolled is not available where the child resides or if the obligor is not enrolled in group coverage, the child shall be enrolled in the lowest cost group health plan that is accessible to the child.

Question 166

What must employer or union do if obligor’s employment is terminated in cases where a medical support order was sent to the employer or union?

Answer 166

Notify the dept with 20 days & provide obligor’s last known address and name and address to obligor’s new employer if known.

Question 167

If the combined amount to be withheld for current support plus the premium payment for health insurance exceed the amount allowed under the Consumer Credit Protection Act, and the health insurance cannot be obtained unless the full amount of the premium is paid, what must union do ?

Answer 167

The union or employer may not withhold the premium payment. However, the union or employer shall withhold the maximum allowed in the following order:
(I) Current support, as ordered.
(II) Past due support, as ordered.
(III) Other medical support or insurance, as ordered.

Question 168

What happens to an employer, union or plan administrator who doesn’t comply with a medical support order?

Answer 168

Civil penalty not to exceed $250 on 1st violation and $500 for subsequent violations including attorney’s fees and costs.

Question 169

What can department do to enforce if employer, union or plan administrator who doesn’t comply with a medical support order?

Answer 169

Petition circuit court to enforce the medical support order .

Question 170

Can the department adopt its own rules to administer child support enforcement provisions?

Answer 170

Yep!

Question 171

When can court order child support be secured by life insurance?

Answer 171

To the extent necessary to protect an award of child support, the court can order life insurance or a bond, or secure child support with any other asset suitable.

Question 172

If payment via IDO, where does money goes?

Answer 172

State Disbursement Unit

Question 173

What is now required to preserve appeal of alimony award attacking findings?

Answer 173

MUST file a motion for rehearing to preserve your claim for appeal if you are attacking the following:
-lack of finding need & ability
-failure to make finding net incomes
-failure to consider factors
Must file within 15 days

Question 174

How many days do you have to file a motion for rehearing?

Answer 174

15 days after entry of final judgment or order

Question 175

Are CSG a basis for proving a substantial change in circumstances for purposes of modifying child support?

Answer 175

Yes, but only if the difference is at least 15% or $50 a month, whichever is great before the court can consider the guidelines a substantial change in circumstances. F.S. 61.30(1)(b)

Question 176

Court must award child support to all children until when?

Answer 176

For all minor children, or a child who is “dependent in fact” and between the ages of 18 and 19 and who is still in high school and is performing in good faith with reasonable expectation of graduation before he or she reaches the age of 19. F.S. 61.30(1)(a)

Question 177

Can the Court vary from the child support guidelines?

Answer 177

Yes, plus or minus 5%, after consider relevant factors, including the needs of the child(ren), station in life, standard of living, and the financial status and ability of each parent. F.S. 61.30(1)(a)

Question 178

Can the Court vary from the child support guidelines by more than 5%?

Answer 178

Only upon a written finding explaining why ordering payment of such guidelines amount would be unjust or inappropriate.

Question 179

When must a court vary from the guideline amount of child support?

Answer 179

When any of the children subject to the child support order or agreement spend a substantial amount of time with either parent.

Question 180

What does the party requesting imputation have to prove?

Answer 180

The unemployment or underemployment is voluntary; and identifies the amount and source of imputed income through evidence of income available for which the party is suitably qualified by education, experience, current licensure, or geographic location, with due consideration being given to the parties’ timesharing schedule and their historical exercise of the timesharing provided int eh parenting plan or relevant order.

Question 181

Is incarceration treated as voluntary unemployment?

Answer 181

No, but the court may consider this to deviate from the child support guideline amount.

Question 182

Are social security benefits received by a minor due to the retirement or disability of the child’s parent included in that parent’s gross income

Answer 182

Yes.

Question 183

How does the court determine the child support amount when the combined net income is greater than 10,000 a month?

Answer 183

The obligation is the minimum amount of support provided by the guidelines plus a certain % multiplied by the amount over 10k.

Question 184

How is “substantial amount of time” defined for purposes of adjusting child support?

Answer 184

at least 20% of the overnights of the year (i.e., 73 overnights)

Question 185

Is a parent’s failure to regularly exercise the timesharing schedule deemed a substantial change in circumstances for purposes of modifying the child support award?

Answer 185

Yes, as long as it was not caused by the other parent.

Question 186

When child support is modified due to a parent’s failure to exercise timesharing, when is the modification retroactive to?

Answer 186

the date the parent stopped regularly exercising timesharing (this differs from a modification based on other grounds, wherein retro only to date of filing mod)

Question 187

When can the court consider nonrecurring income or assets for child support purposes?

Answer 187

When the recurring income is not sufficient to meet the needs of the child.

Question 188

Is an affidavit showing the party’s income, allowable deductions and net income required when filing a petition for child support?

Answer 188

Yes.

Question 189

In an initial determination of child support, can the court award retroactive child support?

Answer 189

Yes, to the date the parents no longer resided in the same household, not to exceed 24 months preceding the filing of the petition .

Question 190

What does the court consider in determining retroactive child support ?

Answer 190

Guidelines in effect at the time of the hearing subject to the obligor’s demonstration of his or her actual income during the retroactive period, all actual payments made by the other parent during the retroactive period; considering an installment payment plan.