Child Support Guidelines §61.29, Fla. Stat. Part 5 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.

10. Trial Court Jurisdiction

  • While Appeal Pending: The trial court has jurisdiction to consider a modification of child support or alimony while the underlying order is on appeal. The trial court cannot enter a final judgment on the modification until the appeal is resolved. The trial court can enter a temporary order where appropriate, and revisit the permanency once the appeal is resolved. Horowitz v. Horowitz, 139 So.3d 929 (Fla. 4thDCA  2014).
  • Prior Administrative Orders: It is well established that a circuit court lacks jurisdiction to vacate or retroactively affect an administrative child support order pursuant to section 409.2563 administrative proceeding. Dep’t of Revenue ex rel. Chamberlain v. Manasala, 982 So.2d 1257, 1259 (Fla.  1stDCA  2008)
  • A circuit court does have the power to enter a superseding order changing support obligations prospectively. Dep’t of Revenue ex rel Gauthier v. Hoover, 440 So.3d 99, 101 (Fla. 5thDCA 2010) citing §409.2563(2)(a) Fla. Stat. Authority for this modification by a circuit court is found in section 409.2563(10)(c).
  • Any unpaid support owed under the superseded administrative support order may not be retroactively modified by the circuit court §409.2563(10)(c).
  • the court shall determine the amount of any unpaid support owed under the administrative support order and shall include the amount as arrearage in its superseding order.

11.Child Support Agreements

  • Florida law does not, as a matter of public policy, preclude agreements establishing the terms of child support. The fact that parents may not waive or “contract away” their child’s right to support does not preclude them from making contracts or agreements so long as the best interests of the child are served. Lester v. Lester, 736 So.2d 1257 (Fla. 4th DCA 1999);
    • The agreement precluded any future upward modification unless the father’s income increased to a certain amount. Gentry v. Morgan, 83 So.3d 924 (Fla. 3rd DCA 2012).

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