Posted by Nydia Streets of Streets Law in Florida Child Support
When applying the Florida child support guidelines to a case, a Court must examine each parent’s net income. Florida Statutes, Chp. 61.30 indicates what deductions a parent is entitled to claim in arriving at his or her net income. One such deduction is the parent’s health insurance premium. But what about health insurance premiums a parent pays for other people in his or her household? This was an issue in the case Sylvester v. Sylvester, 5D19-2889 (Fla. 5th DCA October 9, 2020).
The parties were before the court on the issue of modification of child support. In calculating the modified amount, the trial court granted the father a credit of $460.00 per month which he paid for his current wife, resulting in a lower net income being assigned to the father in the child support guidelines. The mother appealed, arguing it was error for the trial court to deduct this amount from the father’s gross income.
The appellate court agreed with the mother, holding “Although section 61.30 does not specify whether the deductions for health insurance payments must be for the parent alone or can be for the parent and his new spouse, the case law applying section 61.30(3)(e) suggests that the deduction should be for the amount that the parent pays for his own health insurance. [. . .] Here, the Order found that Former Husband pays $206 per month for his own health insurance and that he has a joint plan with his new wife that costs $460 per month. When calculating Former Husband's net monthly income, the trial court gave Former Husband a deduction for $460 in health care costs. This was error.”
If you need help calculating child support in your case, schedule a consultation with a Miami child support lawyer.