Legal Question in Family Law in Florida
Two part question:
I am in the process of negotiating a pre-filing settlement agreement with the wife. In her attorney's calculation, he considers certain assets (a $2,500 Honda Civic?, money that will be divided between her and what's needed to pay down the mortgage for a buyout on the house?) and the employer contribution to my health plan to be a part of my "net income". This is not a reimbursment and if I were to opt out of the health plan, they would simply stop deducting my portion. It's a $500 difference in my monthly obligation. Can this be counted as income? I've completed a financial affidavit and I'm familiar with the statute.
Also, he is trying to put the current marital house mortgage payment and his legal fees (if I agree to pay a portion of them) under the umbrella of "child support". Is this even legal? I thought current child support guidelines were designed to eliminate such subjectivity.
1 Answer from Attorneys
Attorneys fees are enforceable like child support (contempt of court, etc). However they are a seperate thing. Also, the emplyer contribution is technically income to you.
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