Posted by Nydia Streets of Streets Law in Florida Child Support
Florida Statute Chp. 61.30 establishes the method by which a court is to calculate Florida child support. Many considerations go into calculating child support such as daycare and health insurance expenses, as well as deductions due to each parent in arriving at their respective incomes. The case Moody v. Moody, 1D20-778 (Fla. 1st DCA May 11, 2021) illustrates what happens when the Florida Statutes are not followed in calculating child support.
The Florida Statutes specify that the parents’ net incomes shall be used to calculate child support. Net income is calculated by subtracting the following allowable expenses from a parent’s gross income: (a) Federal, state, and local income tax deductions, adjusted for actual filing status and allowable dependents and income tax liabilities; (b) Federal insurance contributions or self-employment tax; (c) Mandatory union dues; (d) Mandatory retirement payments; (e) Health insurance payments, excluding payments for coverage of the minor child; (f) Court-ordered support for other children which is actually paid; and (g) Spousal support paid pursuant to a court order from a previous marriage or the marriage before the court.
In this case, the father appealed a child support order on the basis that the trial court used the parties’ gross incomes to calculate child support rather than their net incomes. The mother stipulated this was incorrect, and therefore the appellate court reversed and remanded for the trial court to correctly calculate the support in accordance with the Florida Statutes.
Schedule a consultation with a Miami child support lawyer to have Florida child support guidelines scenarios calculated based on the specific facts of your case.