Frank Gore, Former University of Miami Football Star, Has Courtroom Drama
The likely future Hall of Fame running back was in the news on Wednesday, but it was not for his talent on the playing field.
July 29, 2020 at 03:39 PM
4 minute read
A former University of Miami and current New York Jets veteran running back was in the news Wednesday, but it was not for his talent on the playing field.
The Third District Court of Appeal ruled in favor of Shasta Smith's petition to increase child support payments that have to be paid by star running back Frank Gore. Gore is represented by Adam B. Swickle of Swickle & Associates in Fort Lauderdale.
Florida child support statutes allow a modification petition when there is a change in income of the paying spouse of at least 15%. According to the Third DCA opinion, the increase in support payments reflects Gore's substantial rise in income from his rookie salary in the NFL to his then 2014 income of nearly $6.5 million.
"Gore and his counsel fought the increase dramatically for five years," said Elizabeth Baker, an attorney at Hinshaw & Culbertson's Coral Gables office who represented Smith during the majority of the case. "He's a multimillionaire, and she is an impoverished woman. Even though we made many offers to settle, [Gore and his lawyer] were adamant that there would be no increase."
Brian M. Karpf, a partner at Young Berman Karpf & Gonzalez, who was not involved in the litigation, said in these cases, the money would usually go into a "good fortune trust," which is for excess support funds beyond the child's immediate needs.
"They award a portion of the child support to the recipient of that child and then the excess beyond those everyday needs goes into a good fortune trust that is used for the child," Karpf said. "That way the money is protected and the recipient does not have carte blanche to simply blow through an exorbitant sum of support."
|Read the Third DCA opinion:
|Baker said the pair were high school sweethearts. Gore, who is from Coconut Grove, attended Coral Gables High School before he went on to play for the University of Miami football team. But Smith and Gore separated, leading to a mediated settlement agreement on child support in February 2008, about two years after Gore began playing in the NFL.
Under that agreement, Gore promised, among other things, to pay $4,000 per month to the mother, and to pay amounts directly to creditors or providers, such as Smith's mortgage, their son's private school tuition, Florida Prepaid college expenses and more, which totaled over $8,000 per month, according to the Third DCA opinion.
In the mother's 2014 amended supplemental petition for upward modification of child support and related expenses, she acknowledged that Gore consistently paid his child support obligations, but that there was a permanent, substantial change in Gore's income since the 2008 settlement agreement.
At the trial court, the forensic expert testified about Gore's income from 2014 to 2019 and the trial court determined that the mother was owed $164,282 for shortfall in child support going back to 2014. In addition, Gore will have to pay the mother nearly $5,700 per month and will have to continue other payments, such as to creditors.
Swickle, the attorney representing Gore in this case, did not respond to request for comment.
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