Posted by Nydia Streets of Streets Law in Florida Child Support
Child support in Florida is calculated using the net incomes of the parents, rather than gross income. This is because net income is the income truly available to a parent for payment of support. Use of gross income was an issue in the case Hunter v. Hunter, 5D2023-1818 (Fla. 5th DCA March 28, 2025).
In this divorce case, the child support was calculated based on the trial court’s finding that the parties had essentially equal incomes of $60,000 per year. Therefore no child support was awarded based on the time-sharing schedule (presumably 50-50) established. The former wife appealed, arguing the $60,000 attributed to her was her gross income rather than her net, since she testified at trial (and presented her tax returns to verify) that she was a cosmetologist who incurred business expenses which lowered her $60,000 to about $40,000 annually.
The appellate court agreed with the former wife and reversed, holding “Our review of the record before us reveals that the trial court’s conclusions that Former Wife had taxable income between $60,000 to $70,000 per year and net, after tax, monthly income of $4,904.05 are not supported by competent substantial evidence and must be reversed. Pukin, 365 So. 3d at 496. Those same conclusions as to income reflect that the trial court was not computing child support based on monthly net income pursuant to the requirements of section 61.30. We are compelled to reverse and remand for recalculation of the parties’ child support obligations.”
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