Responding to a Child Support Case

Many of the matters I handle involve child support establishment or modification. Child support is, in theory, a mathematical calculation that should be relatively easy to determine using the child support guidelines established in Florida Statutes, Chapter 61. The key word there is "should." I often represent parties who have been served with a Petition or Notice by the Florida Department of Revenue (child support enforcement) that a new case has been opened or an old case is being looked at to see if child support should increase. But I sometimes get the sense that people think since it is such a "cut and dry" thing there is no need to really prepare for the hearing. Nothing could be further from the truth. My experience with hearings involving D.O.R. has been that there are too many cases flooding an over burdened system. As a result the Respondent really has to be prepared. No one is going to make sure your rights are protected except you and your lawyer. I have seen many, many erroneous mathematical calculations made that can be difficult, if not impossible, to have undone once ordered. I have been told after the fact about many cases where facts which should have been taken into consideration were not either addressed in Court or not proven. Proof requires preparation including knowledge as to what is relevant to the issue at hand and experience with the rules of evidence. Don’t let time slip away or expect that something that is clearly unjust won’t happen; it’s much better to get it right the first time.