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.
Florida Divorce Orders & Judgments
Published November 8, 2010
As a divorce case goes along you and your spouse may not agree on all things. The Disagreements can be resolved in a hearing where a judge will enter an order that sets out in writing how he or she wants the dispute resolved. Sometimes a judge will order the parties to mediation (check out the site for a discussion of mediation topic) before he or she will hear a motion. Go on to your county circuit court website, find your judge and determine if he or she has anything about setting a hearing and the requirements, if any.
An order usually decides temporary issues before trial, like time sharing, support, attorneys fees, enforcing discovery requests to name a few.
A judgment is usually named “Final Judgment of Dissolution”. A judgment is the written decision signed by the judge.
In a “Final Judgment of Dissolution” the judge will detail his or her finding of facts, conclusion of law and how each issue or claim is decided – property division, debt division, alimony, time sharing with minor children, attorney fees, support arrearages, etc.
Orders and judgments are enforced by contempt. Final Judgments of Divorce can be appealed.
Florida Divorce Jurisdiction
Published November 8, 2010
When you hear the word ” jurisdiction”, think about power and authority. A court’s power is granted in the Florida Constitution and the Florida Statutes. A Circuit Court (a trial court) has the power to rule upon claims raised in a divorce. So a circuit court has jurisdiction (power) over the subject matter of a divorce. Divorces have several subjects like the dissolution, division of the assets and liabilities acquired during the marriage, alimony, parental responsibility, time sharing and child support to name a few.
How does a trial court get subject matter jurisdiction over a divorce? Obviously one of the parties must file a petition for divorce. In the petition the party must state he or she is a resident of Florida for six (6) months or more before the divorce is filed. This is the residential requirement for subject matter jurisdiction. Read the Petition for Dissolution and you will see that the petition actual says at least one of the parties is a resident of Florida six (6) months or more prior to filing for divorce. Even if you file a petition for divorce and pay the fees, you must plead and prove the residential requirement or the court will not have power to rule on the subjects brought up in the divorce proceedings. You can’t even agree to waive the residency requirement, it must exist in fact and be provable.
The other part of jurisdiction is called personal jurisdiction. Think in terms of authority the court has over the people who are part of the divorce. A court cannot carry out its power over the divorce subject matter unless it gained authority over the parties named in the divorce petition. A person filing the divorce submits themselves to the authority of the court because they filed the suit seeking the use of the court’s power (jurisdiction) over the divorce action. The court perfects its authority over the other party to the divorce (personal jurisdiction) when the other party is served the papers for the divorce or by other means known as constructive service or long arm service. Constructive service and long arm service are discussed under their own topic.
The extent to which a court can exercise its power over the subject matter of a divorce is affected by the authority part of personal jurisdiction.
Lets look at an example: a wife moves to Florida from California. She moved to Florida two (2) years ago. The husband never lived in Florida. The husband and wife have two children who are with the mother and living in Florida. The wife lived in Florida for more than six (6) months and submitted herself to the jurisdiction of the court when she filed for the divorce. No problem. But, even after the wife has the husband served with the Florida divorce papers in California, the husband’s lack of contact with Florida will reduce the courts power over some of the subject matter raised in the claims and issues of the divorce. Florida court can grant the divorce but can’t grant a judgment against the husband for alimony, unless the husband also seeks affirmative help from the Florida court too.
Jurisdiction can become an involved topic. This is only meant to help you get an idea of the terminology. You will need to do more research at the law library or consult with an attorney for a more indepth explanation and application of jurisdiction.