Tag Archive for: child support

Am I Required to Disclose My Finances in My Family Law Case?

Rule 12.285, Florida Family Law Rules of Procedure, requires each party to a family law matter to disclose certain financial information to the other party.  Disclosure is strictly enforced in cases with money at issue, including child support, alimony, and equitable distribution or property division. Parties are required to follow Rule 12.285’s disclosure requirements in two ways: (i) providing a financial affidavit; and (ii) exchanging certain documents (also known as mandatory disclosure).

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Mandatory Disclosure (Rule 12.285, Florida Family Law Rules of Procedure)

MANDATORY DISCLOSURE

(a) Application.

(1) Scope. This rule shall apply to all proceedings within the scope of these rules except proceedings involving adoption, simplified dissolution, enforcement, contempt, injunctions for domestic, repeat, dating, or sexual violence, and uncontested dissolutions when the respondent is served by publication and does not file an answer. Additionally, no financial affidavit or other documents shall be required under this rule from a party seeking attorneys’ fees, suit money, or costs, if the basis for the request is solely under section 57.105, Florida Statutes, or any successor statute. Except for the provisions as to financial affidavits and child support guidelines worksheets, any portion of this rule may be modified by order of the court or agreement of the parties.

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Facebook and Family Law: Be Careful What You Post

An article from Time Magazine recounts some horror stories and tales of caution emanating from the use of Facebook and other social networking sites.

A good general rule:  don’t post anything that you would be embarrassed to have your grandmother see.  This includes the following:

  • Don’t harass the other party;
  • Ensure that your friends are not harassing the other party;
  • Don’t post negative comments about the other party on your profile page, and ask others to avoid the same;

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Courtroom Civility

It is always a good rule of thumb to be respectful when entering a courtroom.  I often find myself taken aback by the appearance and behavior of people as they are asking a judge to make a major decision on serious issues–such as divorce, child support, alimony, or time-sharing–in their lives.  Many people come in shorts, chew gum, and treat the courtroom like their living room.  Such behavior leaves a poor impression on the judge and may impact the outcome of their matter.

The Family Law Division of the Thirteenth Judicial Circuit (Hillsborough County), like many courts around Florida, has a code of conduct: The Twelve Rules of Courtroom Civility.  Most of these rules are simply about common courtesy, and include the following instructions:

  • Other than to make appropriate objections, do not interrupt anyone when he or she is speaking;
  • Do not make faces or gestures at the opposing party or his or her attorney;
  • Dress appropriately and wear clean clothes.  Specifically, you should not enter a courtroom in shorts, jeans, a t-shirt, or sneakers; and
  • Do not bring any food or beverages in the courtroom, and do not chew gum.

To maximize the chances of a successful outcome in your matter, become familiar with the rules and procedures of both your circuit and your specific judge.

Section 61.1354, Florida Statutes

Sharing of information between consumer reporting agencies and the IV-D agency.—

(1)Upon receipt of a request from a consumer reporting agency as defined in s. 603(f) of the Fair Credit Reporting Act, the IV-D agency or the depository in non-Title IV-D cases shall make available information relating to the amount of current and overdue support owed by an obligor. The IV-D agency or the depository in non-Title IV-D cases shall give the obligor written notice, at least 15 days prior to the release of information, of the IV-D agency’s or depository’s authority to release information to consumer reporting agencies relating to the amount of current and overdue support owed by the obligor. The obligor shall be informed of his or her right to request a hearing with the IV-D agency or the court in non-Title IV-D cases to contest the accuracy of the information.

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Section 61.13016, Florida Statutes

Suspension of driver’s licenses and motor vehicle registrations.—

(1)The driver’s license and motor vehicle registration of a support obligor who is delinquent in payment or who has failed to comply with subpoenas or a similar order to appear or show cause relating to paternity or support proceedings may be suspended. When an obligor is 15 days delinquent making a payment in support or failure to comply with a subpoena, order to appear, order to show cause, or similar order in IV-D cases, the Title IV-D agency may provide notice to the obligor of the delinquency or failure to comply with a subpoena, order to appear, order to show cause, or similar order and the intent to suspend by regular United States mail that is posted to the obligor’s last address of record with the Department of Highway Safety and Motor Vehicles. When an obligor is 15 days delinquent in making a payment in support in non-IV-D cases, and upon the request of the obligee, the depository or the clerk of the court must provide notice to the obligor of the delinquency and the intent to suspend by regular United States mail that is posted to the obligor’s last address of record with the Department of Highway Safety and Motor Vehicles. In either case, the notice must state:

(a)The terms of the order creating the support obligation;

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Section 61.30, Florida Statutes

Child support guidelines; retroactive child support.—

(1)

(a)The child support guideline amount as determined by this section presumptively establishes the amount the trier of fact shall order as child support in an initial proceeding for such support or in a proceeding for modification of an existing order for such support, whether the proceeding arises under this or another chapter. The trier of fact may order payment of child support which varies, plus or minus 5 percent, from the guideline amount, after considering all relevant factors, including the needs of the child or children, age, station in life, standard of living, and the financial status and ability of each parent. The trier of fact may order payment of child support in an amount which varies more than 5 percent from such guideline amount only upon a written finding explaining why ordering payment of such guideline amount would be unjust or inappropriate. Notwithstanding the variance limitations of this section, the trier of fact shall order payment of child support which varies from the guideline amount as provided in paragraph (11)(b) whenever any of the children are required by court order or mediation agreement to spend a substantial amount of time with either parent. This requirement applies to any living arrangement, whether temporary or permanent. Read more

Section 61.29, Florida Statutes

Child support guidelines; principles.—The following principles establish the public policy of the State of Florida in the creation of the child support guidelines:

(1)Each parent has a fundamental obligation to support his or her minor or legally dependent child.

(2)The guidelines schedule is based on the parent’s combined net income estimated to have been allocated to the child as if the parents and children were living in an intact household.

(3)The guidelines encourage fair and efficient settlement of support issues between parents and minimizes the need for litigation.

For the latest version of this statute, visit http://www.leg.state.fl.us.

Section 61.183, Florida Statutes

Mediation of certain contested issues.—

(1)In any proceeding in which the issues of parental responsibility, primary residence, access to, visitation with, or support of a child are contested, the court may refer the parties to mediation in accordance with rules promulgated by the Supreme Court. In Title IV-D cases, any costs, including filing fees, recording fees, mediation costs, service of process fees, and other expenses incurred by the clerk of the circuit court, shall be assessed only against the nonprevailing obligor after the court makes a determination of the nonprevailing obligor’s ability to pay such costs and fees. Read more

Section 61.1827, Florida Statutes

Identifying information concerning applicants for and recipients of child support services.—

(1)Any information that reveals the identity of applicants for or recipients of child support services, including the name, address, and telephone number of such persons, held by a non-Title IV-D county child support enforcement agency is confidential and exempt from s. 119.07(1) and s. 24(a) of Art. I of the State Constitution. The use or disclosure of such information by the non-Title IV-D county child support enforcement agency is limited to the purposes directly connected with:

(a)Any investigation, prosecution, or criminal or civil proceeding connected with the administration of any non-Title IV-D county child support enforcement program; Read more