Posted by Nydia Streets of Streets Law in Florida Child Support
To calculate child support in Florida, a Court looks at the incomes of both parents. Income is defined by Florida Statute 61.30 and includes business income. When using business income to calculate child support, Florida law requires the court to subtract ordinary and necessary expenses required to produce income from a party’s gross business income.
In the case Crespo v. Lebron, 240 So.3d 888 (Fla. 5th DCA 2018) the former wife appealed a trial court’s determination of the former husband’s income for purposes of calculating child support. The former husband argued the court should subtract his business losses when calculating his total gross income. Evidence was presented the former husband worked for the Federal Bureau of Prisons in addition to receiving rental income, disability benefits and owning a batting cage business.
The appellate court noted, “Former Husband testified in conclusory fashion, and did not establish the business losses by competent, substantial evidence. [. . .] Even still, it appears that the trial court included some amount of business losses when calculating Former Husband's total income.” The decision was therefore reversed and remanded “with instructions for the trial court to recalculate child support and the child support arrearage without subtracting business losses from Former Husband's other sources of income.”
When multiple sources of income are at issue when calculating child support, it is helpful to have a Miami child support lawyer assist you in determining a fair and accurate income picture. Set a consultation to get advice about the specific factors in your case.