Missing Information for the Florida Child Support Guideline Worksheet Form 12.902(e)
Published July 30, 2011The Florida legislature’s Child Support Guideline Chart and Florida Supreme Court’s Child Support Guideline Worksheet Form 12.902 (e) are not in sync. Florida Statute 61.30, Child Support Guideline Chart contains the correct information to determine basic child support amount but the Supreme Court Child Support Guideline Worksheet Form 12.902 (e) is missing a few lines from the Child Support Guideline Chart.
The Supreme Court form is missing a few important lines of financial information. Specifically, the child support obligation for combined net incomes from $2,600 to $2,800, which is five different levels of income on the Guideline Chart needed to calculate basic child support for one through six children. The range of net monthly combined income is $31,200 per year or $2,600 per month and $33,600 or $2,800 per month.
If you are using form 12.902(e) to calculate basic child support and earn between $31,200 and $33,600 you will not find the lines on the chart that you need to find your monthly child support obligation. We have provided the missing information so you can find the basic child support amount in the chart below.
———————————————————————————————————————
Combined One Two Three Four Five Six
Monthly Child Children Children Children Children Children
Available
$2600 568 880 1101 1242 1354 1447
2650 578 896 1121 1265 1379 1473
2700 588 912 1141 1287 1403 1500
2750 597 927 1160 1308 1426 1524
2800 607 941 1178 1328 1448 1549
If you and your spouse earn a combined net monthly income of $31,200 to $33,600, you will find these lines of information from the Child Support Guideline Chart useful in completing your Florida Child Support Guideline Worksheet, Florida Supreme Court approved form 12.902 (e).
You can double check the basic child support amount by visiting yourdivorce101.com and clicking the Rules and Statute on the side bar menu and scrolling to Florida Statute 61.30 and locating the Child Support Guideline Chart found in that section of the statute. the chart of income and support amounts for one through six children are taken from that chart.
Disclaimer
Published April 1, 2011The information in this blog is only for general educational purposes. This blog is intended for only Florida Divorces. By using this blog site, you understand that this information is not provided in the course of an attorney – client relationship, and it is not intended to constitute legal advice. You should not take any action or rely upon anything in this blog. You also understand that transmission or receipt of any information, or any correspondence, does not create an attorney – client relationship. No assurance is given that any correspondence, via email or otherwise, between you and any author, will be secure or treated as privileged or confidential. Please do not send any privileged information.
Should the reader need any legal questions answered, or legal advice such advice should be obtained by you from a licensed Florida attorney. This blog is also not intended to serve as an advertisement or solicitation of legal or other business, in any nation or any state, particularly outside the State of Florida. The authors also do not intend or desire to solicit through this blog the business of anyone in any other nation or state where this website, or the use thereof, may not be in compliance with any law or ethics rule.
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Expense and Costs of a Florida Divorce
Published November 29, 2010
All divorces are different but there are some basic costs and expense you can expect. These include:
1. Filing Fee – Will be paid to the Clerk of the Court, usually $410.00 (plus or minus). It is paid at the time you officially begin your divorce in court.
2. Summons Fee -Will be paid to the Clerk of the Court, usually $10.00 (plus or minus). It is also paid at the time you officially begin your divorce.
3. Service of Process Fee – Is paid to the Sheriff’s Office, usually $40.00 (plus or minus). It is also paid at the time you officially begin your divorce. A respondent who files a Counter Petition will pay a Filing Fee but will not pay for a Summons.
There is no reason to issue another summons and you do not need the sheriff of private process server to deliver the Counter Petition because you only need to mail the Counter Petition to the other party.)
4. Parenting Class -This is required if you have a minor child. The cost is about $40.00 (plus or minus) (These are typical Litigation expenses)
5. Court Reporter – Will attend a hearing, deposition or trial. You are paying for their time to attend, nothing more. This can be $65.00 per hour or higher.
6. Transcript - This is the testimony previously taken down by the Court Reporter that has been transcribed, printed and published. There is a charge for the time and service of a court reporter which is different than the attendance fee and an additional cost to you. You will be charged for the preparation of a
transcript.
7. Production – Reproducing documents ordered from third parties (spouses bank or insurance company). There is a cost for this process.
8. Witness Fees – (Non-experts) are paid to each witness you subpoena for deposition, hearing or trial. A witness (non-expert) gets paid a set amount plus
mileage.
9. Mediation Fee – All cases are required to Mediate before trial. Some courts require it before a contested hearing. Mediator’s charge about $250.00 per
hour, some more -some less. There is usually a two (2) hour minimum. Mediators expect to be paid at the end of the Mediation whether this is a
settlement or no settlement.
10. Expert Witness – Would be a doctor, accountant, psychologist, and mechanic (see Florida Rule of Evidence 701). They will be paid for their time
and knowledge. What an expert charges is up to the expert (although it can be brought to the judge to decide). It can be your expert charging
you or the other sides expert charging you when you take their deposition. Either way it is an expense.
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What to do, when served a Petition for Florida Divorce?
Published November 8, 2010After you are served with a petition or counter petition for divorce read it! Read each sentence in the petition or counter petition. As you read the petition or counter petition notice the petition or counter petition has SECTIONS and in each section there are sentences and parts that are chosen and others not checked or chosen by the other party. You need to read the petition or counter claim because you should file an answer to the petition twenty (20) days after you are served with the petition or counter petition. As you read the petition or counter petition, read it thinking about whether you agree to that part of the section because it is true, disagree because it is not true or don’t know if it is true or not true. You want to do the same for each numbered part of each Section that the other party chose in their petition or counter petition. You are answering only the parts of each section of the petition or counter petition chosen by the other party. Your answer will help the court and the other party understand if you agree, disagree or don’t know about the claims made in the petition or counter petition. If you don’t file an answer the other party may file for a default judgment. Letting the other party get a defaulted against you can cause you to lose your case. The good thing about an answer is there are only three possible responses you can give. 1. In the answer you admit or agree to the parts of the petition or counter petition that are true. 2. Deny or disagree with the parts of the petition or counter petition that are not true. 3. If you don’t know if it is true or not true, then say I don’t know. When you say I don’t know it is treated like you are disagreeing and the other party must prove it. So now your saying to yourself, I’ve read the petition or counter petition. I can identify what is true, false or I don’t know. How do I record what I know on to the Answer? It’s not complicate. Take out the Answer form and take a good look at it make sure you have your copy of the petition or counter petition next to it so you can be sure you have the correct answer by identifying each section and part you agree, disagree or don’t know if you agree or disagree.
When do I use a Florida Certificate of Service?
Published November 8, 2010Except for the initial original or supplemental petitions, anytime you file additional pleadings or motions in your case, you must provide a copy to the other party and include a certificate of service. The reason why a certificate of service isn’t included on the initial original petition or supplemental petition is each of these documents is filed with the clerk and serve by the sheriff. After delivering a copy of the original petition or supplemental petition, the sheriff will file a return of service certificate. In the return of service, the sheriff say the document was delivered to the other party, how, where, and when. So the certificate of service is used by the litigants for all subsequent filings.
A certificate of service is the title given to that part of almost all legal documents and filed with the court. The certificate of service is your promise that a true copy of the document you filed with the court was sent to the person you are suing or is suing you. If you do not include a certificate of service with all documents filed with the court, your document may be returned as an ex parte communication-meaning you didn’t provide the other side with a copy of the legal document you filed. Both sides, all sides of a suit must exchange and send copies of the documents filed with the court to the opposite side and the way they tell the court that the document was sent to the other side is by a certificate of service.
Typically a certificate of service must state that you certify the document was sent via U.S. Mail is the most usual means of sending, and the name and address of the person to whom the document was sent. The date the document was sent to the other party.
The idea behind the certificate of service is to make sure each side of the law suit exchange the legal documents they file in the court with each other. This way the opposite sides of a suit know what is filed and can determine if they need to respond, set a hearing or something else. The certificate of service is the part of the legal document you file with the court that lets the court know you complied with your duty to provide a copy to the other litigant(s). For more information, see the instructions for Certificate of Service (General), Florida Supreme Court Approved Family Law Form 12.914.
What if I was not Served properly?
Published November 8, 2010Forms for Service of Process are included in the Florida Family Law Forms, along with more detailed instructions and information regarding service. The instructions to those forms should be read carefully to ensure that you have the other party properly served. If proper service is not obtained, the court cannot hear your case.
What if I don’t know where my spouse lives?
Published November 8, 2010
If you absolutely do not know where the other party to your case lives or if the other party resides in another state, you may be able to use constructive service. However, if constructive service is used, other than granting a divorce, the court may only grant limited relief. For more information on constructive service, see Notice of Action for Dissolution of Marriage, Florida Supreme Court Approved Family Law Form 12.913(a), and Affidavit of Diligent Search and Inquiry, Florida Family Law Rules of Procedure Form 12.913(b). Additionally, if the other party is in the military service of the United States, additional steps for service may be required. See, for example, Memorandum for Certificate of Military Service, Florida Supreme Court Approved Family Law Form 12.912(a). In sum, the law regarding constructive service and service on an individual in the military service is very complex and you may wish to consult an attorney regarding these issues.
What Does Service or Process of Service mean?
Published November 8, 2010
Service. Is a term used to describe the delivery of a legal documents and papers between parties in a lawsuit. For example, when one party files a petition, motion, pleading, or any paper sent to the judge or court, the other party must be “served” with a copy of the same petition, motion, pleading or paper just filed. This makes sure that the other party is given proper notice of the pending action(s) and any scheduled hearings. Service or deliveries of legal documents, like a motion, are vitally important. For example, your spouse filed a “Motion to Remove You From the Marital Home” but doesn’t serve or deliver a copy of the motion to you. You don’t know about your spouse’s motion and are denied the opportunity to tell the judge your side. It would be unfair to you! So the court requires that all documents filed with the court or sent to the judge also be served on the other party. Failure to send the other party to the law suit a copy of everything filed with the court is called an “ex Parte” communication, which the courts uniformly do not tolerate. A definition for “ex parte” is provided in the Divorce 101’s89 Glossary. There are different types of service or delivery of your legal document. What type of service is required depends upon the document you are filing with the court. Personal service (almost literally means the document will be placed in the hands of the other party). Personal service is required of the petition and summons on the respondent by a deputy sheriff or private process server of all original petitions and supplemental petitions, unless the law permits constructive service. Personal service may also be required in other actions by some judges. After initial service of the original or supplemental petition and summons by a deputy sheriff or private process server, service of most motions and other documents or papers filed in the case generally may be made by regular U.S. mail or hand delivery. Sometimes, service by certified mail is required so you have proof the other party actually received the papers. The website has a listing of documents which must be served by certified mail. If an attorney represents the other party, you should serve the attorney and send a copy to the other party, except for original or supplemental petitions, which must
What Financial information do I need to disclose?
Published November 8, 2010What Financial information do I need to disclose? Or what is Mandatory Disclosure?
Mandatory disclosure… Rule 12.285, Florida Family Law Rules of Procedure, requires each party in dissolution of marriage to exchange certain financial information and documents, and file a Family Law Financial Affidavit. There are two types of financial affidavits; one is used if your income is less then $50,000.00 per year and another, if your income is more then $50,000.00. So what financial information and documents must be exchanged, if you have them: Failure to make this required financial disclosure within the time required by the Florida Family Law Rules of Procedure may allow the court to dismiss the case or to refuse to consider the pleadings of the party failing to comply. So what are the critical time limits? 1. A petitioner must file the financial affidavit within days of filing the divorce and the petitioner must provide the rest of the mandatory financial disclosure within days of filing the divorce. 2. The timetable is different for a respondent. The respondent must file the financial affidavit within days of xxxxxxxxx and respondent must provide the rest of the mandatory financial disclosure within days of xxxxxxxx. To make it clear, each party to a divorce must file his or her financial affidavit. The only exception is in a simplified divorce. After you file your financial affidavit and exchange the mandatory financial disclosure you file The Certificate of Compliance with Mandatory Disclosure. This form lists all the types of financial disclosure that you must give to the other party. When you fill out the form all you need to do is check the box in front of the listed type of financial information you are giving to the other party. If you don’t have a type of financial document then you do not check that type of financial information. You only give the other party what you have. You many need to go to the bank or order some of the documents like tax returns or credit card statements. If you were never an owner of a corporation you can’t provide what never existed so you will not check the line for that type of financial disclosure. For more information about mandatory disclosure read rule 12.285, Florida Family Law Rules of Procedure, and Florida Divorce 101’s discussion of the Certificate of Compliance with Mandatory Disclosure, Family Law Form 12.932 in Frequently Asked Questions: Certificate of Compliance with Mandatory Disclosure.