Posted by Nydia Streets of Streets Law in Florida Child Support
What sources of income are considered in calculating Florida child support? There are not many forms of income that are exempt from consideration in creating Florida child support guidelines. In the case Marenco v. Marenco, 2D18-1664 (Fla. 2d DCA February 7, 2020), the former wife appealed, among other issues, the trial court’s calculation of her gross monthly income.
The parties’ final judgment of divorce included calculations of ongoing and retroactive child support. The former wife had a rental property from which she earned rental income. However, she realized no profit from this property because the mortgage and maintenance fees exceeded her monthly rental income. The trial court failed to take into consideration these expenses and therefore assigned an inaccurate income to her for purposes of calculating support. The appellate court reversed on this issue since the Florida Statutes are clear that monthly expenses must be taken into account in calculating rental income.
Next, the appellate court examined the lower court’s calculation of retroactive support. Despite evidence of different income for the former wife during the retroactive period, the trial court deviated from the guidelines without explanation and disregarded the former wife’s income during that period. On this point, the appellate court also reversed, holding it was error for the trial court to calculate retroactive support in this manner.
Last, the appellate court remanded for the trial court to consider issues on which the trial court indicated it would reserve judgment but ultimately did not make a ruling. Before your Florida divorce case goes to a final hearing, consult with a Miami divorce lawyer to determine the best way to preserve your rights and remedies in the case.