Trial court is required to appoint a guardian ad litem to determine child’s best interests. “For example, if paternity is contested, the child’ s legitimacy is at issue, and the legal father has not had notice or an opportunity to be heard, the trial court is required to appoint a guardian ad litem and hear [...]

A putative father seeking to avoid a paternity test can raise the Privette presumption. A putative father seeking to avoid a blood test may raise the presumption in the context of his privacy interest. See Privette, 617 So. 2d at 309 n.8 (Fla. 1993) (‘By asserting a privacy interest the putative father necessarily puts in [...]

DOR can file paternity action against both legal and biological fathers. “DOR’s position is that it may file a paternity action against both the legal father and biological father, and that the issues of the best interests of the child and the presumption of legitimacy should be dealt with during the proceedings. We agree.”

Child Support –  Agreements between the parties in Florida A Court is not bound by an agreement between the parties concerning child support.  ”It is undisputed, and should be indisputable, that a trial court’s responsibility to the child cannot be abdicated to any parent, any expert. That heavy responsibility mandates that a court is not [...]

A payor is required to pay interest on arrearages in child support.  “We also hold that it was error for the circuit court not to require the father to pay interest on the arrearage. See id. (‘The former wife is also entitled to collect prejudgment interest for all arrearages from the initial date that the [...]

Child support arrearage payments should be made during the supported child’s minority.  “We…reverse that portion of the order which allows the father to satisfy the $18,499.75 arrearage by paying only $20.00 per month. The repayment schedule would result in the father potentially not satisfying the arrearage until the child reaches twenty-nine years of age, without [...]

A deviation from the child support guidelines must be based upon a ground not already expressed in the deviation statute.  A deviation may not be based upon a verbal time-sharing agreement.  “While the foregoing provision allows the trier of fact to deviate from the child support guidelines to ‘achieve an equitable result,’ this allowance is [...]

In order for the substantial time-sharing adjustment to child support to be effective, there must be a court ordered parenting plan in effect.  “Here, the statutes’ plain meaning evidences the Legislature’s intent to require deviations from the child support guidelines only where a parent shares at least 20% of the overnight stays pursuant to a [...]

In awarding child support the final judgment must make findings of fact about each party’s net income.  “We conclude the only argument of merit is the former wife’s argument that the amended order is facially erroneous because it does not make any findings as to the net income of each party as a starting point [...]

If the obligor fails to demonstrate his or her income during the retroactive period, the Court shall apply the current child support guidelines to calculate retroactive child support payments. “In addition, the ALJ erred in using Finch’s current monthly income to compute the retroactive support obligation. The use of current income is permissible when the [...]