Posted by Nydia Streets of Streets Law in Child Support
The calculation of Florida child support involves examination of the incomes of both parents and the deductions allowable to each in arriving at their respective net incomes. What types of income are considered in calculating child support, along with deductions available to each parent, is a comprehensive list.
Under Florida law, gross income subject to child support calculation includes but is not limited to:
1. Salary or wages.
2. Bonuses, commissions, allowances, overtime, tips, and other similar payments.
3. Business income from sources such as self-employment, partnership, close corporations, and independent contracts. “Business income” means gross receipts minus ordinary and necessary expenses required to produce income.
4. Disability benefits.
5. All workers’ compensation benefits and settlements.
6. Reemployment assistance or unemployment compensation.
7. Pension, retirement, or annuity payments.
8. Social security benefits.
9. Spousal support received from a previous marriage or court ordered in the marriage before the court.
10. Interest and dividends.
11. Rental income, which is gross receipts minus ordinary and necessary expenses required to produce the income.
12. Income from royalties, trusts, or estates.
13. Reimbursed expenses or in kind payments to the extent that they reduce living expenses.
14. Gains derived from dealings in property, unless the gain is nonrecurring.
See Fla. Stat. 61.30.
To arrive at net income (meaning gross income minus certain monthly expenses that a parent must pay) used to calculate child support, the following deductions are allowable under Florida child support laws:
(a) Federal, state, and local income tax deductions, adjusted for actual filing status and allowable dependents and income tax liabilities.
(b) Federal insurance contributions or self-employment tax.
(c) Mandatory union dues.
(d) Mandatory retirement payments.
(e) Health insurance payments, excluding payments for coverage of the minor child.
(f) Court-ordered support for other children which is actually paid.
(g) Spousal support paid pursuant to a court order from a previous marriage or the marriage before the court.
See Fla. Stat. 61.30.
To be sure that you are receiving credit for all deductions available to you and/or that you are not including income that should not be subject to child support garnishment, it may be necessary to consult with a Miami child support lawyer. During a consultation, the lawyer can go over different child support calculations to help you see various possible outcomes in your case.