Posted by Nydia Streets of Streets Law in Florida Child Support
Is a court required to take into account a parent’s ability to pay child support when relying on the Florida Child Support Guidelines? A parent may feel he or she is unable to meet the calculated child support amount when considering his or her rent, utility and other living expenses. This was an issue in the case Hector v. DOR, 3D25-0454 (Fla. 3d DCA November 5, 2025).
The mother in this case was ordered to pay child support in an administrative child support proceeding. She appealed, but did not provide a transcript of the hearing. She argued that the court erred in failing to take into account her living expenses, and therefore her inability to pay the amount calculated under the guidelines. The appellate court affirmed on the basis that no transcript was provided.
As to the mother’s argument regarding her expenses, the court held that a “‘reduction’ in her child support obligation based on her rent and utilities is not statutorily authorized. See § 61.30(3)(a)-(g), Fla. Stat. (2025) (enumerating ‘allowable deductions’ from gross income); § 61.30(3) (providing: ‘Net income is obtained by subtracting allowable deductions from gross income.’); see also Copeland v. Copeland, 667 So. 2d 487, 487-488 (Fla. 1st DCA 1996) (holding: ‘The language of 61.30(3) was intended to permit only those items listed in the statute as deductions from gross income.’); Henderson v. Henderson, 905 So. 2d 901, 904 (Fla. 2d DCA 2005) (‘Section 61.30(3). . . lists deductions to be taken from gross income in order to determine each parent's net income. Only the items listed in the statute may be taken as deductions from gross income’) (citing Copeland, 667 So. 2d at 487).”
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