Court Cannot Take Into Consideration Any Non-Court Ordered Parenting Time When Calculating Child Support in Dept. of Revenue Cases

A child support hearing officer in a Department of Revenue child support case may not deviate from the Child Support Guidelines based on any informal, or non-court ordered, parenting schedule between the parties.  Florida Department of Revenue OBO Johnson v. Zackery, Fla. 1st DCA Case No. 1D11-6359 (Fla. 1st DCA June 25, 2012).  Deviation from the child support guidelines is authorized ‘only where there exists a written court-authorized parenting plan.'”  Id. quoting Department of Revenue ex. rel. Sherman v. Daly, 74 So. 3d 165 (Fla. 1st DCA 2012).

Courtesy of Valerie Linnen, Esquire: www.LinnenLegal.com