Posted by Nydia Streets of Streets Law in Florida Child Support
Florida child support guidelines are an important and required part of a final judgment ordering support. This is likely because the guidelines show what numbers were used to determine support, which are important to know when modifying in the future. The absence of guidelines was an issue in the case Mullarkey v. Tiraco, 2D2024-1612 (Fla. 2d DCA July 25, 2025).
The parties each filed competing petitions to modify a final judgment of paternity, requesting changes to the parenting plan and child support. A final judgment was ultimately entered, which in part awarded child support to the mother and ordered the father to pay retroactive support. The father appealed, arguing the final judgment did not include the required child support guidelines.
On this issue, the appellate court reversed. It held “Neither the child support guidelines worksheets nor any other child support document purportedly relied upon by the court was attached to the amended judgment. In his amended motion for rehearing, the father alerted the trial court to this error. [. . .] The trial court attempted to remedy this error in its order disposing of the father's amended motion for rehearing entered on May 13, 2025. In that order, it directed the parties to rely on ‘the child support guidelines filed on 6/11/24’—three months after entry of the amended judgment. But merely incorporating the documents into the amended judgment by referencing them in the rehearing order is insufficient. [. . .] This is particularly so because the amended judgment does not set forth the father's monthly child support obligations for any of the relevant time periods and the child support guidelines worksheets and supporting documents filed on June 11, 2024, are incomplete and lack clarity.”
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