Posted by Nydia Streets of Streets Law in Florida Child Support
When a child will spend significant overnights with each parent as part of a Florida parenting plan, how does this affect child support? Under the Florida child support guidelines, an adjustment to child support is usually warranted for what is referred to substantial overnight time-sharing. A parent must exercise at least 20 percent overnights per year in order to receive a reduction in child support payments. This was an issue in the case Williams v. Bossicot, 4D20-524 (Fla. 4th DCA July 8, 2020).
In resolution of the mother’s petition to determine paternity and to establish child support and time-sharing, the trial court entered a final judgment which granted the father 23 percent overnights per year. Child support was established at $750.00 per month. The father appealed arguing the trial court neglected to give him credit for overnights in the child support guidelines. He argued “the child support amount should be reduced because Father will be caring for the child's needs when the child is with him.”
The appellate court agreed with the father and reversed the child support calculation. The court held “Here, the trial court correctly calculated the child support amount to be $750 per month before any consideration that the parties exercise a substantial amount of time-sharing with the child. However, the trial court failed to take the next step and apply the gross-up method. See § 61.30(11)(b), Fla. Stat. (2019) [internal citation omitted]. Based on the time-sharing schedule, Father clearly spends more than 20% of overnights in even-numbered years but less than 20% of overnights in odd-numbered years. This requires a reduction in the child support owed in even-numbered years.” The trial court was instructed to calculate child support for both years and then take the average of the amounts to calculate the child support.
Calculating child support sometimes requires more than just plugging in numbers. Knowing what numbers to plug in and other special considerations to raise to the court is important in arriving at an accurate support amount. Set a consultation with a Miami child support lawyer to understand how the law may apply to your case.