Posted by Nydia Streets of Streets Law in Florida Child Support

Florida child support can be established through what is called an administrative child support proceeding. This proceeding is usually handled via mail and without the parties attending court, unless a hearing is requested or the obligor indicates he or she has filed or wishes to have filed a petition in court regarding support. In the case Crespo v. Watts, 1D19-4194 (Fla. 1st DCA August 12, 2020), a ruling from a hearing held in an administrative child support proceeding was appealed.

The parties attended a hearing at which the judge noted there was insufficient financial information provided by the mother to determine her present income. There was a 2018 W-2 form submitted by the mother along with a statement by her that she was a full-time student. The mother was receiving cash assistance from the State, so child support was being sought on her behalf by the Department of Revenue (“DOR”). DOR indicated the mother was not working. Despite this, the judge imputed the mother’s 2018 wages to her in calculating child support. The court noted it could not determine why the mother was unemployed or if her unemployment was voluntary. The mother appealed.

The appellate court agreed with the mother that it was improper to impute her to her 2018 earnings without additional evidence and findings. The court held “In addition to not knowing whether the mother was voluntarily unemployed, the ALJ possessed very little information about the mother’s income. The information the ALJ had was not reliable and current. As a result, section 409.2563(6) required the ALJ to presume the mother was capable of earning the federal minimum wage. Since the father did not present any evidence to rebut this presumption, the ALJ was required to impute the federal minimum wage. Accordingly, we reverse and remand for the ALJ to impute the federal minimum wage to the mother and to recalculate the father’s child support accordingly.”

Florida child support is calculated using the net incomes of the parents. When one parent is not working or is working less than he or she could work, it is prudent to hire a Florida child support lawyer to assist you in establishing your support order.