No.  Once the court interprets an agreement, it may not go back at a later date and re-interpret the agreement.  This issue was recently discussed by the 4th DCA in the Palm Beach County case of Escobar v. Escobar on November 16, 2011.  

In Escobar, the parties divorced in 2003.  The entered into a marital settlement agreement which conflicted as to the issue of child support.  Specifically, the child support provision stated that the Husband was to pay the Wife $600 every two weeks while the alimony provision noted the Husband was to pay the Wife $600 twice a month.  The difference amounts to $1200 a year and had further implication as the Husband agreed to pay this amount until all three kids emancipate.

As the children emancipated, the Former Husband went back to court in attempts of clarifying the agreement and/or modifying the support obligation.  Each time he attempted, he was unsuccessful.  Most importantly, in 2006 the court concluded that the agreement contained no ambiguity and that the his obligation was every other week.

There are certain facts that must be found in any modification case.  Child support modifications generally require less of a change in circumstances than modifications of timesharing.  Accordingly, there is a requirement of where the court must start in assessing a child support modification case.  This issue was recently reviewed by the 4th DCA in the case of Capo v. Capo out of Palm Beach County.

In the short opinion of Capo, the 4th cites it's own 2008 opinion of Aguirre when it states, "A final judgment is facially erroneous, requiring remand, where it does not make any findings as to the net income of each party as a starting point for calculating child support or explain how the calculation was performed."

Interested in speaking with a Palm Beach Gardens Family Law Attorney regarding your case?  Call our office at (561)472-0919 and we'll coordinate a convenient time to meet and discuss your case. If you're reading outside our normal business hours, just complete an attorney consultation request form and we'll follow up with you when we return to the office.

Although the trial court has broad discretion as to determining this amount, as the 4th DCA recently opined in the case of Hernandez v. Frontier, it can't be so long that the child is emancipated before it's paid off.

In this case, Hernandez motioned for contempt for Frontier's failure to pay child support and a hearing was held before the magistrate.  Frontier did not show for the hearing and was found in contempt.  The magistrate then recommended a purge amount of $20 per month.  The circuit judge then accepted the magistrate's recommendation and turned the $20 per month provision into a court order.

Unfortunately for the court and the recipient of the $20, the child would be twenty-nine years old before the arrearage of $18,499 is paid off - - - and that's without interest!  

Oftentimes, a court orders a party to pay child support and that party fails to pay.  The proper action the recipient party should take may be to file a motion for contempt for failure to pay child support.  Remember, however, the paying party is not necessarily in contempt simply for failure to pay.  The court must find more then simple failure to pay.  

In order to find a party in contempt, the court must find that the party willfully failed to follow a court order.  SO, if a party truly has no ability to follow the court order, the party is not in contempt.  

This creates somewhat of a repeated problem.  To start, the party receiving the money generally doesn't have a full understanding of the other party's financial situation.  The party who receives the support payments stops getting them one day and assumes the other party made a conscious decision to not pay.  

A child moving from Florida to another state might result in involving the new state in child support and/or custody issues that developed after the move. One consideration that such an occurrence can raise is the extent to which the Florida court which initially addressed the custody and/or support issues retains authority over child-related disputes.

Interested in knowing your rights and obligations in a family law proceeding? Schedule a consultation and you'll be able to meet with a Palm Beach Family Law Attorney.  To do so, just call our office at (561)472-0919 or click on "Family Law Consultation" and complete a consultation request form.

The mother challenging a Florida trial court essentially relinquishing all jurisdiction over her daughter to the state in which the daughter was living with her father brought the family law dispute in K.I. v. Department of Children and Families before the Florida 4th DCA (appeals court.) The appeals court covers Palm Beach County and issued its opinion in this matter on October 5, 2011.

The legal system does allow pursuing a legal remedy for overdue divorce-related support. Pursuing this right requires acting diligently when an arrearage develops. 

Interested in knowing your rights and obligations in a family law proceeding? Schedule a consultation and you'll be able to meet with a Palm Beach Gardens Family Law Attorney.  To do so, just call our office at (561)472-0919 or click "Family Law Consultation" and complete a consultation request form.

The issue before the Florida 1st DCA (appeals court) in proceedings related to the divorce case of Jackmore v. Jackmore was whether the Florida trial court should have honored the support enforcement order that Ms. Jackmore obtained from a New York state court. The appeals court issued its decision on October 6, 2011.

The concept of imputed income is a little tricky in that it treats someone as having income that that person does not actually receive. One way that this can apply in divorce proceedings is that imputed income can be considered when determining a support duty.

Interested in knowing your rights and obligations in a family law proceeding? Schedule a consultation and you'll meet with a Jupiter Divorce Attorney.  To do so, just call our office at (561)472-0919 or click on "Divorce Consultation" and complete a request form.

Mr. Torres asked in the divorce proceeding of Torres v. Torres that the Florida 2d DCA (appeals court) review the decision of the trial court to impute income to him regarding his child support duty. The appeals court issued its decision regarding that issue on September 28, 2011.

Changed circumstances in either parent’s financial situations or a child’s needs can justify modifying either or both parents’ child support duties; the timing of such changes are subject to a court’s discretion within limits even if the Department of Revenue (Department) established the initial support obligations.

Interested in knowing your rights and obligations in a family law proceeding?  Schedule a consultation and you'll be able to meet with a Palm Beach Gardens Family Law Attorney.  To do so, just call our office at (561)472-0919 or click on  "Palm Beach Gardens Family Law" and complete a contact form.

A dispute regarding Ms. Proveaue’s right to have Mr. Williams’ child support duties modified brought the matter of Florida Department of Revenue v. Williams before the 1st DCA (appeals court). The appeals court issued its decision in this matter on September 7, 2011.

The tradition of placing the entire responsibility for child support on a former husband in a divorce proceeding relates to the era in which only the husband worked outside the home; the modern practice of both parents being employed outside the home often results in both parents sharing liability for child support.

Interested in knowing your rights and obligations in a family law proceeding?  Schedule a consultation and you'll be able to meet with a Palm Beach Family Law Attorney.  To do so, just call our office at (561)472-0919 or click on "Palm Beach Gardens Family Law Attorney" and complete a contact form.

A former husband’s challenge to a trial court holding him solely liable for child support in a divorce proceeding brought the case of Halaway v. Halaway before the Florida 2d DCA (appeals court). 

How Do Pending Appeals in a Divorce Proceeding Affect Alimony and Child Support Requests?

The phrase “messy divorce” being so well known illustrates that most divorce proceedings do not follow the “clean” pattern of having a trial court issue a divorce decree to which neither a former wife nor a former husband objects. Issuing that decree often triggers an and appeal and sometimes an extended legal battle.  Either way, if you are in either situation, you'll benefit from understanding the limits on the ability of an appeals court to review a trial court’s decision.

Interested in knowing your rights and obligations in a family law proceeding?  Schedule a consultation and you'll be able to meet with a Palm Beach Family Law Attorney.  To do so, just call our office at (561)472-0919 or click on  "Jupiter Family Law Attorney Contact Form" and complete a contact form.