LEGAL BLOG
Jerome C. Williams, Jr., Attorney at Law
Call us at (727) 474-1227 to schedule your consultation (for all legal matters)CLICK ON LINK FOR PRICING!*  St. Petersburg Attorney servicing Pinellas, Hillsborough, and the entire Tampa Bay area.  
HomeAbout UsFamily Law Landlord-TenantSmall ClaimsFAQContact UsBlog


LEGAL BLOG

Child Support Guidelines Worksheet must be consistent with Financial Affidavit; Travel Expenses & Child Care

by Jerome Williams on 09/25/16

McWilson v. McWilson, __ So. 3d__, 2016 WL 3191135 (Fla. 1st DCA 2016). Former wife appealed the distribution of the marital home, the child support calculation, and the parenting plan in her appeal of a dissolution of marriage. The appellate court affirmed the distribution of the marital home and parenting plan without comment, but agreed with former wife that the gross income used on the child support guidelines worksheet did not match the figures on the spouses’ most recent financial affidavits. Unable to discern whether the child support award was made in accordance with the guidelines, the appellate court reversed and remanded for recalculation. Because visitation expenses should be allocated at the same rate as other child care expenses, the appellate court instructed the trial court on remand to either allocate former husband’s travel expenses for visitation according to the ratios in the recalculated child support or to make findings to support a different allocation. 


Key Takeaways from this: 

1) FIGURES USED ON CHILD SUPPORT GUIDELINES WORKSHEET SHOULD MATCH FIGURES USED ON SPOUSES’ MOST RECENT FINANCIAL AFFIDAVITS

2) TRAVEL EXPENSES FOR VISITATION SHOULD BE ALLOCATED IN THE SAME MANNER AS OTHER CHILD CARE EXPENSES.

If you have a family law issue that requires immediate attention, please contact our office to schedule your 60 minute consultation (free if retained).

RESIDENCE REQUIREMENT FOR DIVORCE SUBJECT MATTER JURISDICTION

by Jerome Williams on 08/07/16

One of the parties, the petitioner or respondent, must reside in the state of Florida for six months before the filing of the petition for dissolution of marriage and have the intent to remain a resident of the state of Florida at the time of filing. [Fla Stat Sec. 61.021.]


The burden of proof is on the petitioner to demonstrate this at final hearing.  [Speigner v. Speigner, 621 So 2d 758 (Fla 1st DCA 1993) (six months residence must be pleaded and proved for court to have subject matter jurisdiction to enter dissolution of marriage); Keveloh v. Carter, 699 So 2d 285 (Fla 5th DCA 1997) (failure to meet statutory requirement of six months residence is jurisdictional defect requiring dismissal of petition for dissolution of marriage).]  The standard of proof for residence requirements is clear and convincing evidence. [Orbe v. Orbe, 651 So 2d 1295) (Fla 5th DCA 1995) (for purpose or residence requirements for dissolution of marriage, standard of proof of residence is clear and convincing evidence; corroborative evidence of residence is Florida driver's license or Florida voter registration).]