Posted by Nydia Streets of Streets Law in Florida Divorce
When a spouse is awarded alimony in a Florida divorce, how does this affect the child support calculation? Since alimony paid to a spouse is considered income, the alimony should be subtracted from the paying spouse’s monthly income and included in the receiving spouse’s monthly income when calculating child support. This was one issue discussed in the case Paul v. Paul, 5D19-2223 (Fla. 5th DCA August 14, 2020).
The parties’ divorce case involved a request for alimony, child support and for life insurance to secure support awards. The trial court granted the former wife’s request for alimony and life insurance. When calculating the child support, the trial court did not include in the former wife’s income the alimony she was ordered to receive. The former husband appealed on these issues.
Regarding the alimony calculation, the former husband argued the court did not properly consider his net income. The trial court focused solely on the former husband’s social security income and ignored his business income. Therefore the alimony calculation was reversed with instruction for the trial court to consider the former husband’s total net income.
Turning to the life insurance requirement imposed on the former husband, the appellate court held “The obligation to obtain life insurance ‘must be supported by specific evidentiary findings regarding the availability and cost of insurance, the obligor’s ability to pay, and the special circumstances that warrant the requirement for security of the obligation.’” (internal citations omitted). Finally, with regard to the child support calculation, the appellate court found there was error in the trial court’s failure to include in the former wife’s income column the alimony she was awarded.
Hiring a Florida family law attorney may help in avoiding similar errors in your Florida final judgment of divorce. Schedule a consultation with a Miami divorce lawyer to go over the specifics of your case.