Child Support

Florida Statutue  section 61.30, entitled, “Child support guidelines; retroactive child support        “ governs how child support in Florida is determined.  Child support is determined by Florida Child Support Guidelines.  The guidelines look at the collective net income of the parties, the cost of the child’s medical insurance, the cost of childcare and who pays for the insurance and childcare and together with the number of overnights each party spends with the child(ren) and determines which party, if any, is required to pay child support to the other parent.

To determine a parent’s net income, the gross income needs to be determined.  Pursuant to subsection 2 of the statutue gross income is determined by looking at all of the following:

1. Salary or wages.

2. Bonuses, commissions, allowances, overtime, tips, and other similar payments.

3. Business income from sources such as self-employment, partnership, close corporations, and independent contracts. “Business income” means gross receipts minus ordinary and necessary expenses required to produce income.

4. Disability benefits.

5. All workers’ compensation benefits and settlements.

6. Reemployment assistance or unemployment compensation.

7. Pension, retirement, or annuity payments.

8. Social security benefits.

9. Spousal support received from a previous marriage or court ordered in the marriage before the court.

10. Interest and dividends.

11. Rental income, which is gross receipts minus ordinary and necessary expenses required to produce the income.

12. Income from royalties, trusts, or estates.

13. Reimbursed expenses or in kind payments to the extent that they reduce living expenses.

14. Gains derived from dealings in property, unless the gain is nonrecurring.

Sometimes a parent does not work in which case monthly income may be imputed in order to determine an appropriate chikld support amount. to an unemployed or underemployed parent as specified in the statutue.

Child support in Florida is the right of the child and cannot simply be waived.

Once gross income is determined the parent can reduce their gross income by taxes, mandatory retirement, mandatory union dues, and the cost of the parents’ health insurance.  If one of the parent’s is paying child support pursuant to a court order the payments for the child support can be deducted.  Once we have each parties net income, we need the amount being paid for childcare and who pays it, the amount being paid for the child(ren)’s portion of the health insurance and who pays it.  Lastly, we need to know how many overnights each parent has with each child.  The child support guidelines provide the amount of support a parent is obligated to pay or is entitled to receive for child support to offset child related expenses such as: housing, utilities, food, clothing and other expenses.

When child support is at issue, the matter is a math problem.  It is not necessary to go to court and have a Judge decide the appropriate amount of child support when you can bring all the necessary information to mediation and have a mediator walk both parents through the Florida Child Support Guidelines to discuss and understand why the child support is what it is.

If child support is your issue and you want to amicably resolve it, Schedule your mediation today:

Call:      954-727-6213

Email:   Familylaw501@gmail.com