Child Support

Child Support Guidelines §61.29, Fla. Stat. Part 3 of 18| Divorce Attorney Fort Myers/Cape Coral

• 61.29, Fla. Stat., provides for child support guidelines principles. These principles do not affect the actual computation of the child support itself, but provide the following:

1. Each parent has a fundamental obligation to support his or her minor or legally dependent child.
2. The guideline schedule is based on the parents’ combined net incomes estimated to have been allocated to the child as if parents and children were living in an intact household.
3. The guidelines encourage fair and efficient settlement of support issues between parents and minimize the need for litigation.

Below please find some general information regarding child support and how it is calculated.

2. Financial affidavit must be filed

• 285(e)(1) requires each parent to file a financial affidavit, and this requirement cannot be waived.
• trial court erred by not granting continuance when financial affidavit not produced until a day before the hearing and former husband requested continuance. Gilroy v. Gilroy, 163 So.3d 674 (Fla.  2ndDCA 2015).

3. No Deferment of Decision

• The Trial court cannot decline to award child support and instead, reserve jurisdiction to award support in the future. Even where the father lacked the present ability to pay, a decision needs to be made. There ought to be as much finality as possible. Gergen v. Gergen, 48 So.3d 148 (Fla. 1stDCA  2010).

4. Rules Concerning Sensitive v. Confidential Information

• 425(a) Unless authorized to be filed by subdivision (b), by a statute, by another rule of court, or by a court ordering otherwise, designated sensitive information should not be filed with the court.
• If the following information has relevance to the case and is needed by the Court, it must be limited to the following format:
  1. The initials [only] of any person known to be a minor;
  2. The year of birth [only]of a person’s birthdate;
  3. No portion of any
     1. Social Security Number
     2. Bank account-type numbers

• Exceptions. Fla. R. Jud. Admin. 2.425(b). Subdivision (a) does not apply [meaning that you can file]the following information:
  • The birth date of a minor whenever the birthdate is necessary for the court to establish and maintain subject matter jurisdiction.
  • The name of a minor in any order relating to parental responsibility, timesharing, or child support.
  • The birth date of a party in a writ of attachment or notice to payor.
  • Child Support Orders: 61.13(1)(d)(1), Fla. Stat., requires all child support orders to include the full name and date of birth of each minor child who is the subject of the order.
  • UCCJEA: 61.503 (UCCJEA) defines “child” as a person who has not attained 18 years of age.
    • the birthdate is definitely necessary for the court to establish jurisdiction. It is an exception under 2.425(b).
  • Mandatory Confidential Information. R. of Judicial Admin. 2.420 addresses information that is required to be kept confidential from the public.

For more information, please contact us to schedule your consultation.

Child Support Guidelines §61.29, Fla. Stat. Part 3 of 18| Divorce Attorney Fort Myers/Cape Coral

• 61.29, Fla. Stat., provides for child support guidelines principles. These principles do not affect the actual computation of the child support itself, but provide the following:

1. Each parent has a fundamental obligation to support his or her minor or legally dependent child.
2. The guideline schedule is based on the parents’ combined net incomes estimated to have been allocated to the child as if parents and children were living in an intact household.
3. The guidelines encourage fair and efficient settlement of support issues between parents and minimize the need for litigation.

Below please find some general information regarding child support and how it is calculated.

2. Financial affidavit must be filed

• 285(e)(1) requires each parent to file a financial affidavit, and this requirement cannot be waived.
• trial court erred by not granting continuance when financial affidavit not produced until a day before the hearing and former husband requested continuance. Gilroy v. Gilroy, 163 So.3d 674 (Fla.  2ndDCA 2015).

3. No Deferment of Decision

• The Trial court cannot decline to award child support and instead, reserve jurisdiction to award support in the future. Even where the father lacked the present ability to pay, a decision needs to be made. There ought to be as much finality as possible. Gergen v. Gergen, 48 So.3d 148 (Fla. 1stDCA  2010).

4. Rules Concerning Sensitive v. Confidential Information

• 425(a) Unless authorized to be filed by subdivision (b), by a statute, by another rule of court, or by a court ordering otherwise, designated sensitive information should not be filed with the court.
• If the following information has relevance to the case and is needed by the Court, it must be limited to the following format:
  1. The initials [only] of any person known to be a minor;
  2. The year of birth [only]of a person’s birthdate;
  3. No portion of any
     1. Social Security Number
     2. Bank account-type numbers

• Exceptions. Fla. R. Jud. Admin. 2.425(b). Subdivision (a) does not apply [meaning that you can file]the following information:
  • The birth date of a minor whenever the birthdate is necessary for the court to establish and maintain subject matter jurisdiction.
  • The name of a minor in any order relating to parental responsibility, timesharing, or child support.
  • The birth date of a party in a writ of attachment or notice to payor.
  • Child Support Orders: 61.13(1)(d)(1), Fla. Stat., requires all child support orders to include the full name and date of birth of each minor child who is the subject of the order.
  • UCCJEA: 61.503 (UCCJEA) defines “child” as a person who has not attained 18 years of age.
    • the birthdate is definitely necessary for the court to establish jurisdiction. It is an exception under 2.425(b).
  • Mandatory Confidential Information. R. of Judicial Admin. 2.420 addresses information that is required to be kept confidential from the public.

For more information, please contact us to schedule your consultation.

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