Florida Appeals Court Decides Child Support Case

Palm Beach County Divorce Lawyer Palm Beach County Divorce Lawyer Christopher R. Bruce observed the following case from Florida’s Fourth District Court of Appeal: Case:               Knudson v. Drobnak Court:             Fourth District Court of Appeal. Trial Judge:   Paul B. Kanarek. Attorneys:      Roger Levine and Amy D. Shield, Charles A. Sullivan. Issues:             Child Support. Holding:          The award of childcare costs must be based on factual findings using substantial competant evidence. It is an error to award child  care costs in the absence of evidence they were incurred. This includes calculations made in circumstances involving arrearages. In this case, the trial court erred by including in the calculating arrearages, certain childcare costs not actually incurred by the respondent mother record confirms the father’s contention, we reverse and remand for the trial court to recalculate the arrearages. The mother’s childcare expenses were included in the court’s calculation of the modified child support obligation. However, the order on appeal contains no indication that the father’s arrearages were credited for the period of time the mother did not actually incur childcare expenses. For certain purposes, “incurred” childcare costs are required to be added to the basic obligation in calculating child support. The matter was remanded to the trial court to recalculate the arrearages, subtracting childcare expenses. Christopher R. Bruce is a Divorce Lawyer with the law firm of Nugent Zborowski & Bruce. Mr. Bruce’s law practice is limited to the mediation, litigation and appeals of divorce and family law matters. His practice is throughout South Florida, including Palm Beach Gardens, Boca Raton, West Palm Beach, and other areas throughout...

Florida Child Support Information Guide

Florida Child Support Information Guide The family law attorneys of Nugent, Zborowski & Bruce handle child support issues for the residents of Palm Beach, Martin and Broward County, including the establishment and modification of child support. The basis for Child Support in Florida is Florida Statute 61.30.  Section 61.30 contains the “Child Support Guidelines”, which is essentially a formula for determining child support. A common misconception about child support is that support is based on how much a parent has “in the bank”.  In Florida, a parent’s assets generally have no impact on child support.  Instead, with few exceptions, child support is based on the net incomes of both parents. The Florida Child Support Guidelines essentially base child support on four factors: (1) the number of children; (2) the income of both parents; (3) the number of overnights each parent has with their children in a year; (4) and the amount of qualified expenses that each parent pays directly for their children. Once these factors are determined (see below), child support can be determined by using the Child Support Calculator on the website of the child support attorneys of Nugent, Zborowski & Bruce. Income: The income attributable to each party for purposes of calculating child support is a net income figure that is comprised of gross income less allowable deductions. A.  Gross Income “Gross Income” is comprised of: 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...

Florida Child Support Information Guide

Florida Child Support Information Guide The family law attorneys of Nugent, Zborowski & Bruce handle child support issues for the residents of Palm Beach, Martin and Broward County, including the establishment and modification of child support. The basis for Child Support in Florida is Florida Statute 61.30.  Section 61.30 contains the “Child Support Guidelines”, which is essentially a formula for determining child support. A common misconception about child support is that support is based on how much a parent has “in the bank”.  In Florida, a parent’s assets generally have no impact on child support.  Instead, with few exceptions, child support is based on the net incomes of both parents. The Florida Child Support Guidelines essentially base child support on four factors: (1) the number of children; (2) the income of both parents; (3) the number of overnights each parent has with their children in a year; (4) and the amount of qualified expenses that each parent pays directly for their children. Once these factors are determined (see below), child support can be determined by using the Child Support Calculator on the website of the child support attorneys of Nugent  Zborowski & Bruce. Income: The income attributable to each party for purposes of calculating child support is a net income figure that is comprised of gross income less allowable deductions. A.  Gross Income “Gross Income” is comprised of: 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...