Husband Ordered to Pay More Child Support Than He Earned

[Attorney Howard Iken]

Bengisu v. Bengisu, Jun 3, 2009, 4th District Court of Appeal


The couple was in the middle of their divorce. The marital children were primarily living with the mother and the trial court held a hearing to temporarily address children’s issues. One issue decided was temporary child support.

The father claimed a certain income and the mother believed he actually earned more than stated. Her only evidence: records that showed the husband was able to pay higher household expenses in the prior years without running up debt. The father claimed his parents helped him and were unable to provide any more help.

The trial court awarded mom child support that exceeded the father’s income.

The appeals court reversed the child support award. They stated the trial court must have actual evidence of the father’s income in order to “impute” earnings to him (impute means assign an imaginary income to someone). Evidence of past paid debts was not enough.

[peteo]

my ex and I split custody 50/50 and she does not want child support money do I have to pay her

[Attorney Cheri Hobbs]

child support is support that Florida courts have determined is for the children and is not spousal support. Therefore, a parent cannot waive child support. Some courts will allow a 'zero' child support order when the parties make the same amount of money and the time sharing is 50/50. As child support may be modified at any time with cause shown while it is being paid out the court might order that health insurance is to be paid and this falls under child support. Parties can agree to the amount of child support but the court will address whether the deviation from the guidelines is appropriate or not.


Attorney Cheri Hobbs
The Divorce Center
7635 Ashley Park Drive Suite 503K
Orlando, FL 32835
407-901-4507


Orlando Divorce Attorney

[SingleMomFL]

I have been divorced for three years. My marriage was , in part, a casualty of the Iraq War. My child is 7 years old. My ex has been married and divorced with another child in the last two years. He has since left the State to live with his parents. He is collecting disability for PTSD. I have not received child support since December of last year (and that was a partial payment). Our child support payments are paid through the State of Florida. Will the State enforce child support disbursements? Can his Disability be garnished?

Losing Hope in Florida