Miami family law attorney blog
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Florida Child Support Guidelines
Posted by Nydia Streets of Streets Law in Florida Child Support
According to Florida law, “A petition for modification of child support need only allege a substantial change in either the child’s needs or one of the parent’s income.” Vincent v. Vincent, 715 So. 2d 1147, 1148 (Fla. 4th DCA 1998). This was an issue in the case Ali v. Sanchez, 4D2024-0114 (Fla. 4th DCA January 15, 2025).
Posted by Nydia Streets of Streets Law in Florida Child Support
Must a Florida family law court assign the dependency tax exemption to one parent or the other in conjunction with ordering child support and/or time-sharing? This was an issue in the case Frank v. Frank, 4D2023-1167 (Fla. 4th DCA October 2, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
Normally, parents in Florida are not required to fund college education. A divorce judgment or child support order cannot, therefore, force a parent to promise to pay college tuition or expenses for a child. But parties are allowed to agree to do this. Enforcement of payments to a college savings plan was an issue in the case Shernoff v. Shernoff, 4D2023-1704 (Fla. 4th DCA August 28, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Support
For purposes of calculating child support in Florida, a court may impute income to a parent who is not participating in the proceedings. Lack of participation can include a refusal to provide any financial records or information related to a parent’s current income. This was an issue in the case Sadeh v. Calenzani, 3D22-2057 (Fla. 3d DCA December 13, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Support
What is a child support guidelines worksheet in Florida? This is a document which shows how child support was calculated in a case, including the parties’ net incomes, daycare expenses, health insurance expenses for the children and time-sharing percentage splits. This worksheet is required to be filed in a Florida family law case involving the establishment or modification of child support. This was an issue in the case Nepola v. Nepola, 4D2021-3316 (Fla. 4th DCA October 18, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Support
When is it appropriate to deviate from the Florida child support guidelines? According to the Florida Statutes, a court can award a higher or lower amount of child support than indicated by the Florida child support guidelines, but if the amount exceeds a five percent difference, there must be written findings of why the guideline amount would be inappropriate or unjust under the circumstances. This was an issue in the case T.T.L. v. F.A.L., 2D22-1750 (Fla. 2d DCA July 26, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Support
Child support guidelines are an important part of a Florida paternity, child custody or support case. They provide the basis for the court to make its support determination, including the net incomes of the parents, any expenses related to health insurance and daycare, and more. The inclusion of correct guidelines was an issue in the case Harvey v. Hill, 1D22-2290 (Fla. 1st DCA July 5, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Support
The Florida child support guidelines are a starting point for the court to decide child support. Florida Statute Chp. 61.30 states how child support is calculated and what needs to be considered. This includes deductions from gross income that must be made in determining each parent’s net income. This was an issue in the case Velasco v. Solley, 4D22-2494 (Fla. 4th DCA April 5, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Support
When child support is calculated in Florida, net incomes are used to determine the support amount. Net income is determined by subtracting from gross income certain statutorily-mandated deductions such as taxes, health insurance premiums, mandatory union dues, and more. The calculation of net income was an issue in the case J.H.M. v. E.A.G., 2D20-2924 (Fla. 2d DCA April 5, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Support
Can child support ordered in another state be modified in Florida? Yes, under certain conditions. Modification in Florida can occur if there is a substantial change in circumstances, and there is personal jurisdiction over the party against whom modification is sought. Modification of an out-of-state child support order was an issue in the case Varchetti v. Varchetti, 4D22-438 (Fla. 4th DCA January 18, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Support
When a party appeals a Florida family law case, if the opposing party “confesses error”, the appeal is usually granted. This means the opposing party admits the appeal is correct and should be granted. Is the appellate court required to abide by a confession of error? This was an issue in the case Perez v. DOR, 1D22-798 (Fla. 1st DCA October 12, 2022).
Posted by Nydia Streets of Streets Law in Florida Florida Family Law Procedure
When a parent owns a business and therefore has fluctuating income, how is this taken into account in calculating child support in Florida? Since net income is required in this calculation, consideration must be given to business expenses incurred. This was an issue in the case Brown v. Norwood, 5D21-385 (Fla. 5th DCA August 5, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Support
If child support arrears are owed to a parent and the other parent later assumes majority time-sharing, can those arrears fully offset ongoing child support the parent may be ordered to pay? The answer depends on if there are “compelling equitable criteria and considerations justifying such set off,” according to Tinoco v. Lugo, 2D21-1130 (Fla. 2d DCA July 15, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Support
A parent who has the ability to earn a certain level of income who voluntarily takes a lower paying job may be at risk of having income imputed to him or her in calculating Florida child support. In addition to a parent’s work history and education level, a court analyzes job opportunities and salary levels in the community in which the parent lives. This was an issue in the case Sadlak v. Trujillo, 3D20-1575 (Fla. 3d DCA April 13, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Support
A parent who voluntarily quits a job or is fired for misconduct may be at risk of having income imputed to him or her when Florida child support is calculated. Imputation of income is a two step process that involves determining if a parent is voluntarily unemployed or underemployed before imputing income. This was an issue in the case Oyebanji v. Collier, 1D21-1983 (Fla. 1st DCA April 6, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Support
If a parent has re-married, is the new spouse’s income considered in calculating child support? Most times, a parent who has re-married shares household expenses with the new spouse. A parent who has remarried will fill out a financial affidavit which may indicate a deficit after listing all monthly expenses and income. The deficit might be the new spouse’s share of household expenses. Is this spouse’s payment of these expenses considered income to the parent who has a child support case pending? This was an issue in the case Nadeau v. Reeves, 4D21-1731 (Fla. 4th DCA October 20, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Support
How important are child support guidelines in a Florida paternity case? The Florida child support guidelines are used to calculate what is considered an appropriate level of financial support for children in Florida, taking into account the incomes of the parents, health insurance premiums for the children, daycare costs, and the time-sharing schedule, among other matters. The case Minus v. Brockman, 4D21-1615 (Fla. 4th DCA October 6, 2021) involves a missing child support guidelines worksheet.
Posted by Nydia Streets of Streets Law in Florida Child Support
When there are inconsistencies in a Florida family law order, a party might decide to file a motion for clarification. A motion for clarification asks the court to clear up any unclear parts of an order so everyone knows what their rights and obligations are under an order. A motion for clarification was the subject of the case Ager v. Berger, 5D20-1545 (Fla. 5th DCA September 10, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Support
As stated in the case Coffy v. Coffy, 4D19-3652 (Fla. 4th DCA April 28, 2021), “It is well-established under Florida law that parents cannot contract away their children’s right to support.” This means parents cannot agree that no child support will be paid when the Florida child support guidelines show support should be paid. In the Coffy case, the appellate court analyzed whether an agreement between the parties to transfer equity in a home to the former wife in lieu of monthly child support payments was appropriate.
Posted by Nydia Streets of Streets Law in Florida Child Support
Florida Statute Chp. 61.30 establishes the method by which a court is to calculate Florida child support. Many considerations go into calculating child support such as daycare and health insurance expenses, as well as deductions due to each parent in arriving at their respective incomes. The case Moody v. Moody, 1D20-778 (Fla. 1st DCA May 11, 2021) illustrates what happens when the Florida Statutes are not followed in calculating child support.
