The Top Law Firms in Florida will Set You Straight on Florida Child Support Enforcement Laws
Child support payment history is something that should be well-documented. When seeking contempt or enforcement of a child support order, this must be presented to the court. As a result, law firms should make this clear straight from the top to spare clients unnecessary stress.
Enforcement often Begins with Child Support Contempt for Missed Payments and Florida Imputed Income
Congratulations, your Florida divorce is over. There’s an overwhelming sense of relief that you can now move on with your life. The past is history, right? Your resolve firms in making yourself a top priority. When you start having problems with past due child support payments, however, that resolve fades. Now what? Somehow that top Florida lawyer you retained failed because you don’t have the first clue about enforcement laws.
Boca Raton Child Support Lawyer, Jordan Gerber, Esq., Explains the Importance of Florida Contempt in Enforcement Actions
The first thing to keep in mind is that Florida child support is a right belonging solely to the minor. Florida law firms this up by specifically stating that parents can’t contract away their right to support payments. Hence, parties can’t agree to waive issues with child support payment history. Peers who brag about getting away with it just haven’t gotten caught yet.
If you fall on hard times and your ex tells you it’s okay to miss a few payments of court ordered support because of a drop in income, you better think twice about their generous offer. This shouldn’t surprise you since you can’t think of anything off the top of your head that your ex ever did to make life easier for you. Bottom line? Keep a detailed information payment log.
Unfortunately, even Top Law Firms or a Florida Child Support Lawyer can’t Dig You Out of that Hole
The court couldn’t care less as to the reasoning because Florida laws trump any agreement between the parties for paying support. Consequently, you can still be found in contempt court and subject to a child support enforcement action from Miami to the panhandle despite the best intentions. Instead of agreeing to alter payment history due to a change in income, you should hightail it to your Florida child support lawyer ASAP to file for modification. It is especially relevant to remember, the modification only dates back to the date of the law firms filing.
The longer you wait, the more payments you will owe. Additionally, Florida child support laws state that child support is a vested right. As a result, a court won’t go back and shave a little off the top of the amount of child support past due. Circumstances like a drop in income don’t matter in this type of enforcement action. No matter how good of a case your lawyer presents or how high their firms rank. Consequently, the court can still impute income even if you swear you’d be paying child support if you had the cash.
Boca Raton Child Support Lawyer, Jordan Gerber, Esq., Explains the Details of Florida Child Support Payment History from the Top
A party’s public compliance isn’t guaranteed even if you have a Florida child support order. The first step under Florida child support enforcement laws is to file a motion for contempt. Your super lawyers can do it through the e-service website through the access provided to Florida law firms.
Florida Enforcement Laws help Law Firms recover Missing Cash from the other Parent’s Child Support Payment History
When a court enters a child support order, the top priority is to find that a party has the present ability to comply with the payment structure. Keep in mind, this is a present ability. As a result, the court won’t look into a party’s history or speculative future income. This way a parent has no excuses for not making payments in a Florida enforcement action. If the payor laters fail to keep up with their payment history, Florida enforcement laws allow the receiving parent to recover missed payments.
In this case, a child support lawyer can file a motion for contempt. The parent with a lax child support payment history is confronted during a contempt hearing. At the contempt hearing, the lawyer for the non-compliant party has the firm burden of proof from the top. They can release themselves from the child support contempt in two ways:
- Prove that they lack the ability to pay.
- Pay the amount owed.
Consequently, a court has to expressly state the reasons for granting or denying the court contempt.
Can Florida Child Support Enforcement Laws do Anything if My Ex tries to Get Out of Their Delinquent Child Support Payment History by Saying They are Out of Work?
Yes. This question is trending as it relates to imputed income for child support. In addition, there are firm guidelines to follow when a party seeks to have income imputed under Florida law. Furthermore, the court can provide several forms of relief if it finds that child support payments aren’t made and the parent is unemployed or underemployed. Namely, that the parent:
- Seek employment.
- File ongoing account rankings with the court detailing their efforts to seek and obtain employment during the firms reporting period.
- Notify the court or Department of Revenue upon obtaining employment, income, or property and provide payment information.
- Participate in job training, job placement, work experience, or other top work programs.
Florida child support enforcement laws allow a party to be held in contempt if they willfully fail to comply with this order. These offenses rank firm as one of the top ways to anger a judge.
Boca Raton Child Support Lawyer, Jordan Gerber, Esq., explains Imputed Income under Florida Child Support Statute 61.30
- Recent work history.
- Occupational business qualifications.
- Prevailing earnings level in the community if such information is available.
Imputed income for the purpose of calculating child support to the parent is automatic in three scenarios under the law:
- Income information is unavailable.
- A parent fails to participate in a child support proceeding.
- A parent fails to supply adequate financial information in a child support proceeding.
There’s a threshold for imputed income under Florida law. This is the presumption that the parent has income equivalent to the median income of year-round full-time workers published by the United States Bureau of the Census. However, the court may refuse to order imputed income for child support purposes if it’s necessary for that parent to stay home with a child. To order imputed income in another amount, the party seeking to have income imputed has the burden to present competent, substantial evidence:
- That the unemployment or underemployment is voluntary.
- Information that firms the amount and source of the imputed income.
Exceptions for Imputed Income are Provided under Florida Child Support Enforcement Laws
Florida law does not allow income to be imputed based on certain information.
- Income records that are more than 5 years old at the time of the hearing or trial at which income is sought to be imputed.
- Income at a level that a party has never earned in their past history, unless circumstances have changed. Moreover, these changes must be significant enough that the party qualifies to have income imputed to them at the proposed level.
It’s extremely important that you receive what you are entitled to. At The Law Office of Jordan Gerber, P.A, we stress to our clients the firm importance of taking immediate legal action when a party’s child support payment history isn’t up to par. Most of all, the negative effects of waiting too long to act can be criminal. On the other hand, if you’re being accused of non-payment, you could wind up in jail. You can rank law firms as much as you want, but there’s only one super lawyer that can meet your individual needs and comfort zone.
Click Boca Raton Child Support Lawyer to schedule your consultation now. Proudly Serving Boca Raton, Delray Beach, West Palm Beach and all of Palm Beach County, Florida. Assisting with all areas of South Florida Family Law.
Palm Beach Florida Family Lawyer Practice Areas Include:
Simplified Dissolution of Marriage
Child Custody Laws
Florida Parenting Plan
Time Sharing In Florida
Florida Child Support Payments
Child Support After Divorce
Florida Statutes Chapter 39
Palm Beach County Child Support Worksheet
Florida Child Support Formula
Florida Child Custody Laws
Modification of Child Support Payments
Child Support Contempt
Imputed Income Child Support
Florida Child Support Enforcement Laws