Can a child support order be modified?

The law recognizes that an individual’s circumstances may change following a divorce. As such, so too may the circumstances as to the payment and amount of payment of child support as the needs of the child may change as they grow older. Florida law has adopted statutory guidelines regarding the amount of child support a non-residential parent must pay a residential parent. These guidelines are utilized in determining child support by following a straightforward procedure based upon specific calculations relating to the respective incomes of the parents.

Child support must be paid as long as the child is a minor or continues to be either mentally or physically dependent. The failure of a non-residential parent to pay their child support obligations can be quite severe, for example, loss of their state issued driver’s licenses, non-dischargeability in bankruptcy, IRS tax refunds can be intercepted or potential arrest. Though what is important to know is that child support orders can be modified, either upwards or downwards, upon providing proof to the court of any substantial change in circumstances affecting the supported child's welfare or the non-residential parent's ability to pay. Section 61.14(1) (a) (1), F. S. states that “either party may apply” for modification of child support. In addition, under Section 61.14(2)(a)-(k), F. S, the court takes into consideration a series of factors in making its determination to reduce or even terminate a child support order.

By Gina Silvestri, Esq.

Does my company really need an Employee Handbook?

If you have more than 15 employees, it is careless if you don't have one. Fifteen employees is the threshhold concerning liability regarding discrimination claims. Other benchmarks include 20 employees for age discrimination, 50 employees for Family Medical Leave, and 100 employees under the WARN act.

An employee manual can create many advantages in litigating employment discrimination claims because in the handbook you can clearly ask employees to contact the appropriate individual before a claim is permitted to be litigated. In other words, an employee handbook, if properly constructed can give you additional save guards. These safe guards have been clearly delineated in a Supreme Court Ruling called the Farragher defense, which states that employees normally must give employers an opportunity to cure the discrimination they are experiencing.

Additionally, an employee handbook is a simple way of communicating an employer’s expectations and requirements to employees. While it is best to combine the delivery of the handbook with an oral discussion of key policies, the handbook’s collection of written policies provides employees with a place to go when they have questions. Moreover, employee morale is positively influenced when there is prior notice of what is required and even-handed application of those requirements. It is the presence of written rules and consistent application of them that can help employers prevail on such claims deriving from FMLA, Unemployment Compensation, and Discrimination.

Although in Florida, an employee handbook is not a contract, Courts, and more specifically, Jurors, will generally require the employer to follow its own policies and procedures. As such, don't make policies and procedures you do not intend to follow. Explain to the employee that their job is an "at will job" and make sure you require employees to acknowledge in writing that they have received a copy of the handbook.

In any event, before finalizing your employee handbook, you should have it reviewed by an Employment Law Attorney.