Posted by Nydia Streets of Streets Law in Florida Child Support

Modifying child support in Florida may occur because of increased expenses for a child. As a child grows older, he or she may need additional funds to support extracurricular activities, tutoring, food, and other living expenses. In Gore v. Smith, 3D19-1947 (Fla. 3d DCA July 29, 2020), an appeal concerning a modification of child support was at issue.

In 2007, a final judgment of paternity was entered which adopted a settlement agreement entered between the parties. The agreement provided that the father would pay $4,000 per month to the mother and pay other expenses on the mother’s and the child’s behalf directly to certain creditors, such as mother’s mortgage, the child’s school tuition and more. In total, the father would pay over $12,000 per month toward the mother’s and child’s expenses. Approximately 7 years later, the mother filed a petition for upward modification of child support, alleging in part that the child’s expenses had increased, the father’s salary had significantly increased, and her income stayed the same and had not kept up with inflation.

Before a trial on the petition, the father filed a motion to exclude the testimony of the mother’s forensic accountant, which was denied. At the trial, the father renewed his motion and it again was denied. The forensic accountant testified to a method he used to determine the father’s income in the original agreements on child support since there was no indication of his income at that time. The accountant stated he “utilized the child support to work backwards to determine what the guidelines would look like,” and explained that he used this method in many other cases, and that it had been accepted. He ultimately opined that the child support should be increased by over $1,500 per month. The mother testified that the child was 6 years old at the time the original agreement was entered, but he was now 17 and his needs had significantly increased. The trial court granted the petition and the father appealed.

The father argued on appeal that it was error to deny his motion to exclude the testimony of the mother’s accountant because the method the accountant used to calculate the previous child support was not in compliance with the Florida Statutes. The appellate court disagreed, holding “As to the forensic accountant’s testimony, the gist of the Father’s argument is that because the forensic accountant did not utilize section 61.30 to determine the Father’s 2008 income, but instead used the method described above, the forensic accountant’s testimony should have been excluded. We disagree. The forensic accountant was not determining the Father’s 2008 income for the purpose of awarding child support for 2008. Instead, he was determining the Father’s 2008 income to solely address the issue of whether there has been a substantial change of circumstances between 2008 and 2014. Moreover, in addressing the amounts due in child support for years 2014 to 2019, the forensic accountant did utilize the method set forth in section 61.30 to determine the Father’s income.”

Turning to the father’s argument that the trial court abused its discretion in granting the petition for upward modification, the appellate court held “The evidence showed that the Father’s income had substantially increased from 2008 (when the parties entered into the mediated settlement agreement) and 2014 (when the Mother petitioned for an upward modification), which would warrant the granting of the Mother’s petition for an upward modification of child support. [. . .] Moreover, the Mother also established that there has been a substantial increase in the F.D.G.’s expenses—increased money spent on food, use of Uber, more expensive clothing, etc.”

Modification of Florida child support may be necessary in your case. Schedule a consultation with a Miami child support lawyer to understand the best way to proceed in your case.