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View from the Bench Child Support

View from the Bench Child Support. 21st Annual Nuts & Bolts of Divorce Seminar Wednesday, February 13, 2013 Judge Sandy Karlan Special thank you to GM Tenenbaum, Administrative General Magistrate and Denise Kelly, Esq., Division Chief, Child Support Enforcement. What Statutes Apply?.

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View from the Bench Child Support

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  1. View from the BenchChild Support 21st Annual Nuts & Bolts of Divorce Seminar Wednesday, February 13, 2013 Judge Sandy Karlan Special thank you to GM Tenenbaum, Administrative General Magistrate and Denise Kelly, Esq., Division Chief, Child Support Enforcement

  2. What Statutes Apply? • Fla. Stat. 61.13 governs child support in a dissolution or paternity action • Fla. Stat. 409 governs administrative child support

  3. Factual Scenarios • 2008 Case: child support set in Division 46 at $280 per month • 2012 Case: Dissolution of Marriage filed • Mediated Settlement Agreement recites: • “The issue of child support has been determined in the child support case number 2008-0001 (46)

  4. Final Judgment Grantedand adopts MSA • Assume 2012 case has a parenting plan/ Assume no parenting plan in the 2008 case • See. Daley v. DOR, 74 So.3d 165(Fla. 1stDCA 2011): the Court may not consider a parenting plan in calculating child support unless it has been adopted by Court order • What if 2008 case was an Administrative Child Support Order? • What happens to the child support order if the numbers would be different by counting the overnights in the parenting plan?

  5. What If 2008 C/S no longer accurate? • Transfer 46 case to Family Division? • Can you modify an Administrative c/s order? • Can you supercede the c/s order? (See 409) • Ignore the 2008 c/s order?

  6. Assume it is 2014 and parties want to modify/ enforce FJ Do they go the Division 46 and modify the 2008 order? Can they file to modify the FJ of DM or FJ of Paternity in the family division when that FJ incorporated the 2008 child support by reference? What about notifying the State Attorney’s Office? From what date does the modification begin? From 2008? From 2012? Does the payee enforce the FJ in the family division? Does the payee enforce the 2008 case separately in Division 46 and ignore the Family Division case?

  7. YIKES!!!!!! DON’T WORRY • HELP IS ON THE WAY

  8. Suggested Resolutions • If a Petitioner files a Dissolution/Paternity with a Parenting Plan and there is a Section 46 case filed prior, and Child Support is NOT yet determined: • Request transfer of Section 46 case. • Allow State Attyto Intervene in the Family case and calculate child support based on the Parenting Plan. • Notice ASA for all hearings. ASA may file voluntary dismissal of Division 46 case

  9. Child Support has been Ordered Child Support IS ordered and nothing is pending for 6 months in Division 46 , then Ask to transfer the 46 case to the family division, grant Motion to Intervene, approve a parenting Plan and recalculate child support using the overnights. Enter an order that references both case numbers. Notice ASA for all hearings.

  10. Additional Steps to Take • What Order needs to be entered in the 46 case? • Close the CD account under 46 Case Number and • Open new CD account reflecting new amount • ASA will enter an order in the Division 46 case: • All future proceedings will continue under the Family Division case # and must include any arrears from the Division 46 case, or • Suspend the 46 case and determine the arrears to include in family case, then close 46 case

  11. Administrative Support Orders If there is an Administrative Support Order: A Petition to Supersede must be filed in the 46 case at CSE or in the Family case (included in the Petition for Dissolution/Paternity) See, F.S. 409.2563. The State Attorney must be copied and allowed to intervene, Using the Parenting plan a new c/s calculation can be done and entered superseding the ASO, including arrears The Family Court can only modify prospectively

  12. The Take Away Transfer Calendars are alternate Thursdays at 10:45am Contact Cristina Guas at 305-349-5891 If the party represented by the State Attorney obtains private counsel, the case must be transferred to the Family Division Administrative c/s cases cannot be transferred to Family Division, a new case must be opened and a filing fee paid ErinnSarandria, Esq. is the ASA assigned to all related family cases. Office number is 786-469-3348.

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