Posted by Nydia Streets of Streets Law in Florida Child Support

Are expenses paid by an employer considered income for purposes of calculating Florida child support? This question was answered in the case Mikhail v. Mikhail, 2D18-2153 (Fla. 2d DCA September 20, 2019) in which the former husband appealed a Florida divorce court’s order on child support because the court did not take into account the former wife’s automobile expenses paid by her employer.

The evidence showed the former wife’s automobile expenses were paid by her employer. This resulted in significant monthly savings to her which effectively added to her income. Despite this, the trial court declined to take this into account when calculating the child support obligation. The former husband appealed.

The appellate court reversed the child support order, holding “For purposes of child support under the statutory guidelines, a party's gross income includes ‘[r]eimbursed expenses or in kind payments to the extent that they reduce living expenses.’ § 61.30(2)(a)(13), Fla. Stat. (2017). The evidence at the final hearing below reflected that [the former wife] owned a company that reimbursed all of her automobile expenses, incurred both for business purposes and personal use. But the final judgment failed to include any of these reimbursements in her income when figuring the parties' child support responsibilities. Some of the automobile reimbursements should have been treated as her income because they reduced her living expenses.”

The case was therefore remanded for the trial court to determine which of the reimbursements were for personal expenses versus business expenses. The trial court was ordered to recalculate the child support accordingly. Schedule a consultation with a Miami child support attorney to calculate the potential child support scenarios in your case. Florida child support guidelines can be prepared for you using information specific to your case.