Posted by Nydia Streets of Streets Law in Florida Child Support

Calculating child support in Florida is controlled by Florida Statute 61.30. The Statute goes over the type of income that will be considered in calculating support as well as any discretion the court has in adjusting the child support guidelines. The Florida child support guidelines are based on the net incomes of the parents, any daycare or medical insurance premiums being paid as well as a threshold amount of overnight timesharing being exercised by the parents.

In addition to ongoing child support, the court can order retroactive child support. Additionally, if a temporary court order or other order was already entered establishing child support, and that support was not paid as of the date of the hearing setting ongoing child support, the court can order arrears to be paid. As is the case with most family law matters, the court must make specific findings regarding its child support calculation to avoid an attack on appeal.

In the case Pierce v. Pierce, 1D17-1824 (Fla. 1st DCA 2019), the father appealed a court order establishing child support and arrears. The appellate court agreed with the father on his argument “that the trial court failed to make the requisite factual determinations justifying the amount of child support awarded, as well as any arrears.” Without detail given, the case was remanded for the trial court to “make the appropriate factual findings relating to the trial court's calculation of the child support and arrears owed by [the father].”

Having a Miami child support lawyer review any proposed child support to be entered in your case may maximize the amount of child support you are to receive or ensure that you are paying the fairest amount possible. Schedule a consultation to go over your best options.